Division of Administrative Hearings, Florida
Filed: Aug. 18, 2005
The issue in the case is whether the Polk County Work Force Development Board (Respondent) discriminated against David J. Sedivi (Petitioner) on the basis of disability when the Respondent terminated the Petitioner's employment. The Petitioner asserts that the termination was based on a disability. The Respondent asserts that the position for which the Petitioner was employed was eliminated for budgetary reasons and due to concerns expressed by program auditors that the Petitioner's job function was statutorily prohibited.The evidence fails to establish that Respondent`s rationale for elimination of position and related termination of Petitioner`s employment was a pretext.