STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

JASON L. VAN HORNE, EEOC Case No.

Petitioner, FCHR Case No.

v. No. 15-3943

RESORT TRAVEL AND XCHANGE, FCHR Order No.

Respondent.

/

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Jason L. Van filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - L Florida Statutes (2013), alleging that Respondent Resort Travel and Xchange committed unlawful employment practices on the basis of Petitioner's sex (male) by subjecting Petitioner to different terms and conditions of employment and demoting Petitioner, on the basis of Petitioner's disability by failing to provide a reasonable accommodation, and by retaliating against Petitioner for complaining about the unlawful employment practices that were allegedly committed.

The allegations set forth in the complaint were investigated, and, on June 9,

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 December 9, before Administrative Law Judge Linzie F. Bogan.

Judge Bogan issued a Recommended Order of dismissal, dated March 18, 2016.

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 the Administrative Law Judge's findings of fact.

Filed June 9, 2016 11:43 AM Division of Administrative Hearings

Conclusions of Law

We 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 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

DONE AND ORDERED this day of

FOR THE FLORIDA COMMISSION ON HUMAN RELATION'S:

Commissioner Gilbert M . Singer, Panel Chairperson; Commissioner Donna and

Commissioner Sandra Turner

Filed this of ,2016, in Tallahassee, Florida.

7

Commission on Human Relations 4075 Esplanade Way, Room Tallahassee, FL 32399

(850) 488-7082

Copies furnished to:

Jason L. Van

Matteo Trail

FL 32839

Resort Travel and

c/o Hayley R. Wells, Esq.

c/o Randi L. Mann-Stadt, Esq. Ward and Smith, P.A.

Post Office Box 2020

Asheville. 28802

Linzie F. Bogan, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

I HEREBY that a foregoing has been mailed to the above

of the Commission

Florida Commission on Human Relations

Docket for Case No: 15-003943

Orders for Case No: 15-003943