STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

GLADYS V. FLEITES, EEOC Case No. NONE

Petitioner, FCHR Case No. 2012-01513

v. DOAH Case No. 12-3829

COM-JET CORPORATION, FCHR Order No. 13-068

Respondent.

/

FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Gladys V. Fleites filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2010), alleging that Respondent Com-Jet Corporation committed unlawful employment practices on the bases of Petitioner’s sex (female) and disability in the manner in which she was treated by Respondent and by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on September 24, 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 Miami and Tallahassee, Florida, on May 2, 2013, before Administrative Law Judge Claude B. Arrington.

Judge Arrington issued a Recommended Order of dismissal, dated September 3,

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.

Filed November 20, 2013 10:10 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 20th day of November , 2013. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Mario M. Valle, Panel Chairperson; Commissioner Onelia Fajardo-Garcia; and Commissioner Michell Long

Filed this 20th day of November , 2013, 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:

Gladys V. Fleites

c/o Paul F. Penichet, Esq. Paul F. Penichet, P.A.

Suite 907, Biscayne Building 19 West Flagler Street

Coral Gables, FL 33130-4400

Com-Jet Corporation

c/o Anthony Joseph Perez, Esq.

Law Office of Alfredo Garcia-Menocal, P.A. 730 Northwest 107th Avenue, Ste. 214

Miami, FL 33172

Claude B. Arrington, 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 20th day of November , 2013.

By: /s/ Clerk of the Commission

Florida Commission on Human Relations

Docket for Case No: 12-003829

Orders for Case No: 12-003829