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VANESSA JIMENEZ vs WESTGATE RESORTS, 12-002010 (2012)

Court: Division of Administrative Hearings, Florida Number: 12-002010 Visitors: 31
Petitioner: VANESSA JIMENEZ
Respondent: WESTGATE RESORTS
Judges: WILLIAM F. QUATTLEBAUM
Agency: Florida Commission on Human Relations
Locations: Orlando, Florida
Filed: Jun. 07, 2012
Status: Closed
Recommended Order on Thursday, September 20, 2012.

Latest Update: Dec. 19, 2012
Summary: The issue in this case is whether the termination of the Petitioner's employment by the Respondent was an act of retaliation against the Petitioner.Petitioner failed to establish prima facie case of retaliation.
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STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS


VANESSA JIMENEZ, EEOC Case No. 510201200435


Petitioner, FCHR Case No. 2012-00398


v. DOAH Case No. 12-2010


WESTGATE RESORTS, FCHR Order No. 12-066


Respondent.

/


FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE


Preliminary Matters


Petitioner Vanessa Jimenez 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 Westgate Resorts committed an unlawful employment practice by terminating Petitioner in retaliation for Petitioner complaining to Respondent’s human resources manager about discrimination.

The allegations set forth in the complaint were investigated, and, on May 10, 2012, the Executive Director issued a determination finding that there was no 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 Orlando and Tallahassee, Florida, on August 14 and 15, 2012, before Administrative Law Judge William F. Quattlebaum.

Judge Quattlebaum issued a Recommended Order of dismissal, dated September 20, 2012.

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.


Filed December 19, 2012 10:58 AM Division of Administrative Hearings


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 19th day of December , 2012. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:


Commissioner Gilbert M. Singer, Panel Chairperson; Commissioner Lizzette Romano; and

Commissioner Mario M. Valle


Filed this 19th day of December , 2012, in Tallahassee, Florida.


/s/ Violet Crawford, Clerk

Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082


Copies furnished to:


Vanessa Jimenez

c/o Janice D. Kerr, Esq.

J. D. Kerr, P.A.

20 South Rose Avenue, Suite 7

Kissimmee, FL 34741


Vanessa Jimenez

c/o M. Jesusa Cruz Panton, Esq. Panton Law Firm, P.L.

1094 Plaza Drive

Kissimmee, FL 34743


Westgate Resorts

c/o Myrna Lizz Maysonet, Esq. c/o Brandon Hill, Esq.

c/o Richard Wayne Epstein, Esq. Greenspoon Marder, P.A.

201 East Pine Street, Suite 500

Orlando, FL 32801


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 19th day of December , 2012.


By: /s/ Clerk of the Commission

Florida Commission on Human Relations


Docket for Case No: 12-002010
Issue Date Proceedings
Dec. 19, 2012 Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
Sep. 20, 2012 Recommended Order (hearing held August 14-15, 2012). CASE CLOSED.
Sep. 20, 2012 Recommended Order cover letter identifying the hearing record referred to the Agency.
Sep. 10, 2012 CFI's Proposed Recommended Order filed.
Sep. 10, 2012 (Proposed) Recommended Order filed.
Aug. 29, 2012 Transcript Volume I-III (not available for viewing) filed.
Aug. 14, 2012 CASE STATUS: Hearing Held.
Aug. 13, 2012 Petitioner's Proposed Exhibits (exhibits not available for viewing)
Aug. 10, 2012 Respondent's Motion in Limine to Admit into Evidence Audio Transcription and Excerpt from DVD Recording With Subtitles, and to Limit DOAH's Review to FCHR's "No Cause" Determination as to Petitioner's Retaliation Claim filed.
Aug. 10, 2012 Respondent's Proposed Exhibits (exhibits not available for viewing)
Aug. 09, 2012 Respondent's Notice of Intent to Provide Court Reporter filed.
Aug. 09, 2012 Respondent's Notice of Filing (Proposed) Exhibits filed.
Aug. 09, 2012 Notice of Filing filed.
Aug. 08, 2012 Respondent's Second Amended Witness List filed.
Aug. 08, 2012 Respondent's Notice of Filing Second Amended Witness List filed.
Aug. 07, 2012 Respondent's Amended (Proposed) Exhibit List filed.
Aug. 07, 2012 Respondent's Notice of Filing Amended (Proposed) Exhibit List filed.
Aug. 07, 2012 Respondent's Amended Witness List filed.
Aug. 07, 2012 Respondent's Notice of Filing Amended Witness List filed.
Aug. 06, 2012 Petitioner's Amended Witness List filed.
Aug. 06, 2012 Order Denying Motion for Summary Final Order.
Aug. 06, 2012 Petitioner's Exhibits to Joint Pre-hearing Stipulation filed.
Aug. 03, 2012 Joint Pre-hearing Stipulation filed.
Aug. 02, 2012 Respondent's Motion for a Summary Final Order (not available for viewing).
Aug. 02, 2012 Motion to File Sexually-Explicit DVD Under Seal and in Support of Respondent's Motion for Summary Final Order (with CD) filed.
Aug. 02, 2012 Motion to File Sexually-Explicit DVD Under Seal and in Support of Respondent's Motion for Summary Final Order filed.
Jul. 31, 2012 Notice Regarding Parties` Agreed Protective Order.
Jul. 31, 2012 Notice of Appearance (Richard Epstein) filed.
Jul. 27, 2012 Petitioner's Response to Respondent's Request to Produce to Vanessa Jimenez and Her Attorneys of Record filed.
Jul. 27, 2012 Notice of Serving Petitioner's Answers and Objections to Westgate Vacation Villas/CFI Management's First Set of Interrogatories filed.
Jul. 17, 2012 Notice of Appearance (Brandon Hill) filed.
Jul. 17, 2012 Agreed (Proposed) Protective Order filed.
Jul. 12, 2012 Second Amended Notice of Taking Videotaped Deposition (of V. Jiminez) filed.
Jul. 10, 2012 Amended Notice of Taking Videotaped Deposition (of V. Jiminez) filed.
Jun. 29, 2012 Notice of Taking Deposition (of G. Price) filed.
Jun. 29, 2012 Respondent's Notice of Serving First Set of Interrogatories to Petitioner Vanessa Jimenez filed.
Jun. 18, 2012 Notice of Appearance (Myrna Maysonet) filed.
Jun. 18, 2012 Notice of Service of Petitioner, Vanessa Jiminez's, First Set of Interrogatories to Respondent, Westgate Vacation Villas/Westgate Resorts/CFI Management filed.
Jun. 18, 2012 Request to Produce to Defendant Westgate Vacation Villas and its Attorneys of Record filed.
Jun. 18, 2012 Order of Pre-hearing Instructions.
Jun. 18, 2012 Notice of Hearing by Video Teleconference (hearing set for August 14 and 15, 2012; 9:30 a.m.; Orlando and Tallahassee, FL).
Jun. 18, 2012 Respondent's Response to Initial Order filed.
Jun. 14, 2012 Unilateral Response to Initial Order filed.
Jun. 14, 2012 Notice of Appearance (M. Jesusa Panton) filed.
Jun. 08, 2012 Initial Order.
Jun. 07, 2012 Charge of Discrimination filed.
Jun. 07, 2012 Notice of Determination: No Cause filed.
Jun. 07, 2012 Determination: No Cause filed.
Jun. 07, 2012 Transmittal of Petition filed by the Agency.
Jun. 07, 2012 Petition for Relief filed.

Orders for Case No: 12-002010
Issue Date Document Summary
Dec. 19, 2012 Agency Final Order
Sep. 20, 2012 Recommended Order Petitioner failed to establish prima facie case of retaliation.
Source:  Florida - Division of Administrative Hearings

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