STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

ABIGAIL FREYTES, EEOC Case No. NONE

Petitioner, FCHR No.

v. DOAH No. 16-0151

JETBLUE AIRWAYS CORPORATION, FCHR Order No. 17-024

Respondent.

/

FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E

Preliminary Matters

Petitioner Abigail Freytes filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes alleging that Respondent JetBlue Airways Corporation committed an unlawful employment practice on the bases of Petitioner's national origin (Hispanic) and age (DOB: 3-30-62) by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on December 8, 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 Lauderdale Lakes and Tallahassee, Florida, on December 5, before Administrative Law Judge Robert E.

Judge Meale issued a Recommended Order of dismissal, dated January 20,

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

A transcript of the proceeding before the Administrative Law Judge was not filed with the Commission. In the absence of a transcript of the proceeding before the Administrative Law Judge, the Recommended Order is the only evidence for the Commission to consider. See National Industries, Inc. v. Commission on Human Relations, et 527 So. 2d 894, at 897, 898 (Fla. 5th DCA Accord, Coleman v.

Filed March 30, 2017 2:52 PM Division of Administrative Hearings

FCHR Order No. 17-024

Page 2

Beach, Ocean Center Parking Garage, FCHR Order No. 14-034 (September Gantz, et al. v. Zion's Hope, Inc., d/b/a Holy Land Experience, FCHR Order No.

-048 (June 6, and Hall v. Villages of West Oaks HOA, FCHR Order No. 08-007 (January 14, 2008).

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

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 Florida Statutes, and in the Florida Rules of Appellate Procedure

DONE AND ORDERED this day of

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Tony Jenkins, Panel Chairperson; Commissioner Jay Pichard; and

Commissioner Sandra Turner

Filed this day of in Tallahassee, Florida.

FCHR Order No. Page 3

Clerk

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

(850) 488-7082

Copies furnished to:

Abigail Freytes

9t h Court Plantation, FL 33324

JetBlue Airways Corporation c/o Rebecca Anne Cox, Esq. Akerman, LLP

666 5t h Avenue, 20t h Floor New York, NY 10103

Robert E. Meale, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a copyof the foregoing has been mailed to the above

Clerk of the Commission

Florida Commission on Human Relations

Docket for Case No: 16-000151

Orders for Case No: 16-000151