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Home / Complaints / Final Orders / Final Orders 2013 / FCHR Order No. 13-033

FCHR Order No. 13-033

Date of Release: 05/01/2013

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

MARLENE SERRANO

EEOC Case No. 510201200796

Petitioner

FCHR Case No. 2012-00693

 

DOAH Case No. 12-2551

v.

 

ORANGE COUNTY FIRE RESCUE

FCHR Order No. 13-033

Respondent

 

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Marlene Serrano filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2011), alleging that Respondent Orange County Fire Rescue committed an unlawful employment practice on the bases of Petitioner’s race (Hispanic) and National Origin (Puerto Rican) by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on May 29, 2012, the Executive Director issued a determination finding that there was reasonable cause to believe that an unlawful employment practice had occurred.

Petitioner filed a Petition for Relief from an Unlawful Employment Practice, and the case was transmitted to the Division of Administrative Hearings for the conduct of a formal proceeding.

An evidentiary hearing was held by video teleconference at sites in Tallahassee and Orlando, Florida, on December 17, 2012, before Administrative Law Judge William F. Quattlebaum.

Judge Quattlebaum issued a Recommended Order of dismissal, dated February 8, 2013.

The Commission panel designated below considered the record of this matter and determined the action to be taken on the Recommended Order.

Findings of Fact

We find the Administrative Law Judge’s findings of fact to be supported by competent substantial evidence.

We adopt the Administrative Law Judge’s findings of fact.

FCHR Order No. 13-033

Page 2

Conclusions of Law

We find the Administrative Law Judge’s application of the law to the facts to result in a correct disposition of the matter.

We adopt the Administrative Law Judge’s conclusions of law.

Exceptions

Neither of the parties filed exceptions to the Administrative Law Judge’s Recommended Order.

Dismissal

The Petition for Relief and Complaint of Discrimination are DISMISSED with prejudice.

The parties have the right to seek judicial review of this Order. The Commission and the appropriate District Court of Appeal must receive notice of appeal within 30 days of the date this Order is filed with the Clerk of the Commission. Explanation of the right to appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.

DONE AND ORDERED this 1st day of May , 2013.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Onelia Fajardo-Garcia; and

Commissioner James Johns

Filed this 1st day of May , 2013,

in Tallahassee, Florida.

_________/s/__________________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

FCHR Order No. 13-033

Page 3

Copies furnished to:

Marlene Serrano

c/o Scott Christopher Adams, Esq.

LaBar and Adams, P.A.

1527 East Concord Street

Orlando, FL 32803

Orange County Fire Rescue

c/o Susan T. Spradley, Esq.

Gray Robinson, P.A.

Post Office Box 3068

Orlando, FL 32802

William F. Quattlebaum, Administrative Law Judge, DOAH

James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 1st day of May , 2013.

By: ___________/s/_____________

Clerk of the Commission

Florida Commission on Human Relations