Petitioner: PETER D. TYLER
Respondent: WALT DISNEY WORLD
Judges: SUSAN BELYEU KIRKLAND
Agency: Commissions
Locations: Orlando, Florida
Filed: May 14, 2009
Status: Closed
Recommended Order on Wednesday, April 20, 2011.
Latest Update: Jul. 14, 2011
Summary: The issues in this case are whether Respondent unlawfully discriminated against Petitioner on the basis of a disability in violation of the Florida Civil Rights Act of 1992 (FCRA), when Respondent failed to hire Petitioner, and whether Respondent retaliated against Petitioner in violation of the FCRA, when Respondent issued Petitioner a trespass warning and later notified law enforcement of Petitioner's presence on Respondent's property, resulting in Petitioner's arrest for Trespass After Warnin
Summary: The issues in this case are whether Respondent unlawfully discriminated against Petitioner on the basis of a disability in violation of the Florida Civil Rights Act of 1992 (FCRA), when Respondent failed to hire Petitioner, and whether Respondent retaliated against Petitioner in violation of the FCRA, when Respondent issued Petitioner a trespass warning and later notified law enforcement of Petitioner's presence on Respondent's property, resulting in Petitioner's arrest for Trespass After Warning.Petitioner's claim for discrimination based on failure to hire was time barred. Petitioner did not establish that Respondent retaliated by calling sheriff's office to arrest Petitioner for trespassing.
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09002547 AFO
PETER D. TYLER,
Petitioner,
v.
lsl tEQF1)F!-,ORIDA COMMISSIONOfH-iUMAN RELATIONS
lOIJ JUL f Lt p 12: 04
EEOC Case No. NONE
FCHR Case No. 2009-00241 DOAH Case No. 09-2547
WALT DISNEY WORLD,
Respondent.
FCHR Order No. 11-056
/
FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE
Preliminary Matters
Petitioner Peter D. Tyler filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2007), alleging that Respondent Walt Disney World committed unlawful employment practices on the basis of Petitioner's disability by refusing to hire Petitioner, by refusing to provide an interpreter to assist Petitioner in communicating with Respondent's representatives and by issuing a trespass warning against Petitioner. In addition, Petitioner alleged he experienced unlawful retaliation when he was arrested for trespassing on Respondent's property.
The allegations set forth in the complaint were investigated, and, on April 8, 2009, the Executive Director issued his 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 in Orlando, Florida, on October 29, 2010, before Administrative Law Judge Susan B. Harrell.
Judge Harrell issued a Recommended Order of dismissal, dated April 20, 2011.
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.
FCHR Order No. 11-056
Page2
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
On May 5, 2011, the Commission granted Petitioner an extension of time until May 16, 2011, to file exceptions to the Recommended Order. On May 16, 2011, Petitioner filed a "Motion for Enlargement of Time" dealing with issues other than the filing of exceptions. In ruling on that motion, on May 26, 2011, the Commission extended the time for filing exceptions in this case until close-of-business on June 7, 2011.
Petitioner filed exceptions to the Recommended Order in a document entitled "Exceptions to Recommended Order."
Petitioner's document appears to deal with issues outside the parameters of the findings of fact and conclusions oflaw set out in the Recommended Order, but it also appears that it can generally be said that Petitioner excepts to the outcome recommended by the Recommended Order.
The Commission has stated, "It is well settled that it is the Administrative Law Judge's function 'to consider all of the evidence presented and reach ultimate conclusions of fact based on competent substantial evidence by resolving conflicts, judging the credibility of witnesses and drawing permissible inferences therefrom. If the evidence presented supports two inconsistent findings, it is the Administrative Law Judge's role to decide between them.' Beckton v. Department of Children and Family Services, 21
F.A.L.R. 1735, at 1736 (FCHR 1998), citing Maggio v. Martin Marietta Aerospace, 9
F.A.L.R. 2168, at 2171 (FCHR 1986)." Barr v. Columbia Ocala Regional Medical Center, 22 F.A.L.R. 1729, at 1730 (FCHR 1999). Accord, Bowles v. Jackson County Hospital Corporation, FCHR Order No. 05-135 (December 6, 2005).
Further, it has been stated, "The ultimate question of the existence of discrimination is a question of fact." Florida Department of Community Affairs v. Bryant, 586 So. 2d 1205, at 1209 (Fla. 1st DCA 1991). Accord, Coley v. Bay County Board of County Commissioners, FCHR Order No. 10-027 (March 17, 2010).
Noting that we have above found the facts as found by the Administrative Law Judge to be supported by competent substantial evidence and the Administrative Law Judge's application of the law to the facts to result in a correct disposition of the matter, Petitioner's exceptions are rejected.
FCHR Order No. 11-056
Page 3
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 13th day of July , 2011. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:
Commissioner Donna Elam, Panel Chairperson; Commissioner Watson Haynes, II; and Commissioner Billy Whitefox Stall
Filed this 13th day of in Tallahassee, Florida.
--"J-"'-ul""'"y
, 2011,
Violet Crawford,
Commission on Human Relations 2009 Apalachee Parkway, Suite 100
Tallahassee, FL 32301
(850) 488-7082
Copies furnished to:
Peter D. Tyler
Post Office Box 22315
Lake Buena Vista, FL 32830
Walt Disney World
c/o Marilyn G. Moran, Esq. Baker & Hostetler
Suntrust Center, Suite 2300 200 South Orange Avenue Orlando, FL 32802
FCHR Order No. 11-056
Page 4
Susan B. Harrell, 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 13th day of July , 2011.
By: ..L.., ::;.i,.a., ...::..11.;..:;.;;;'""'1'-.;;.o.:;1---
Clerk of the Commission
Florida Commission on Human Relations
Docket for Case No: 09-002547
Issue Date |
Proceedings |
Jul. 14, 2011 |
Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
|
Jun. 09, 2011 |
Exceptions to Recommended Order filed.
|
May 25, 2011 |
(Petitioner's) Notice of Ex-parte Communication filed.
|
May 25, 2011 |
Order on Motion for Enlargement of Time.
|
May 18, 2011 |
Notice of Ex-parte Communication.
|
May 16, 2011 |
Motion for Enlargement of Time filed.
|
Apr. 22, 2011 |
Transmittal letter from Claudia Llado forwarding Respondent's proposed Exhibits numbered 1-14, along with a courtesy copy of the Final Hearing Transcript, to the agency.
|
Apr. 20, 2011 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
|
Apr. 20, 2011 |
Recommended Order (hearing held October 29, 2010). CASE CLOSED.
|
Mar. 16, 2011 |
Petitioner's Proposed Recommended Order filed.
|
Mar. 11, 2011 |
Order Granting Extension of Time.
|
Mar. 11, 2011 |
Motion Requesting Continue to Extension Recommended Order filed.
|
Mar. 08, 2011 |
Respondent's Proposed Recommended Order filed.
|
Mar. 07, 2011 |
Order Granting Extension of Time.
|
Mar. 07, 2011 |
Motion Recommended Order to be Extension filed.
|
Feb. 15, 2011 |
Order Granting Extension of Time.
|
Feb. 15, 2011 |
Joint Motion for Two-Week Extension to Submit Proposed Orders filed.
|
Feb. 10, 2011 |
Enclosed is a Courtesty Copy of Final Hearing Transcript filed.
|
Feb. 10, 2011 |
Transcript (not available for viewing) filed. |
Feb. 10, 2011 |
Notice of Filing Original Final Hearing Transcript.
|
Feb. 10, 2011 |
Notice of Filing Original Final Hearing Transcript filed.
|
Jan. 04, 2011 |
Motion Requesting Extension Time for the Transcripts filed.
|
Oct. 29, 2010 |
CASE STATUS: Hearing Held. |
Oct. 26, 2010 |
CASE STATUS: Motion Hearing Held. |
Oct. 26, 2010 |
Order Denying Continuance of Final Hearing.
|
Oct. 22, 2010 |
Motion Request Reschedule and Redo Investigations filed.
|
Sep. 08, 2010 |
Order Re-scheduling Hearing (hearing set for October 29, 2010; 9:00 a.m.; Orlando, FL).
|
Aug. 31, 2010 |
Motion Requesting Court Date filed.
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Aug. 31, 2010 |
Parties' Notice of Availability filed.
|
Aug. 17, 2010 |
Notice of Transfer.
|
Aug. 12, 2010 |
Order Granting Continuance (parties to advise status by August 31, 2010).
|
Aug. 12, 2010 |
Respondent's Response to Petitioner's Motion to Continuing Hearing to be Extended filed.
|
Aug. 12, 2010 |
Notice of Providing Court Reporter to Record Final Hearing filed.
|
Aug. 12, 2010 |
Notice of Ex-parte Communication.
|
Aug. 11, 2010 |
Motion to Continue Hearing to be Extended filed.
|
Jun. 10, 2010 |
Notice of Hearing (hearing set for August 17 and 19, 2010; 9:00 a.m.; Orlando, FL).
|
Jun. 09, 2010 |
CASE STATUS: Pre-Hearing Conference Held. |
Jun. 04, 2010 |
Order Continuing Case (parties to advise status by June 18, 2010).
|
Apr. 22, 2010 |
Order of Pre-hearing Instructions.
|
Apr. 22, 2010 |
Notice of Hearing (hearing set for June 14, 2010; 9:00 a.m.; Orlando, FL).
|
Apr. 12, 2010 |
Petitioner's Notice of Unavailability and Motion Alternative Hearing Date filed.
|
Mar. 25, 2010 |
Order Granting Continuance (parties to advise status by April 9, 2010).
|
Mar. 19, 2010 |
Respondent's Notice of Unavailability and Motion for Alternative Hearing Date filed.
|
Mar. 16, 2010 |
Amended Notice of Hearing (hearing set for April 30, 2010; 9:00 a.m.; Orlando, FL; amended as to hearing date).
|
Dec. 03, 2009 |
Notice of Filing Motions Received from Petitioner filed.
|
Dec. 03, 2009 |
Motion of Notice of Providing Court Reporter to Record Final Hearing Need Be Denied filed.
|
Dec. 03, 2009 |
Motion to Request the ADA-American Disability Act Law to Be Followed filed.
|
Dec. 01, 2009 |
Notice of Providing Court Reporter to Record Final Hearing filed.
|
Oct. 08, 2009 |
Certified Return Receipt received this date from the U.S. Postal Service (Derrick Daniel).
|
Oct. 08, 2009 |
Certified Return Receipt received this date from the U.S. Postal Service (Larry Kranert).
|
Oct. 08, 2009 |
Certified Return Receipt received this date from the U.S. Postal Service (Donna Elam).
|
Oct. 06, 2009 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
|
Oct. 06, 2009 |
Letter to parties of record from Judge Clark enclosing a copy of the Order Regarding Interpreter.
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Sep. 30, 2009 |
Order Regarding Interpreter.
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Sep. 24, 2009 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for December 10, 2009; 9:00 a.m.; Orlando, FL).
|
Sep. 18, 2009 |
Respondent's Response to Petitioner's Motion to Grant Continue Reschedule and Motion to Impeachment Witnesses filed.
|
Sep. 17, 2009 |
Petitioner Witness List filed.
|
Sep. 17, 2009 |
Motion to Impeachment Witnesses filed.
|
Sep. 17, 2009 |
Motion to Grant Continue Hearing filed.
|
Sep. 17, 2009 |
Notice of Hearing Needed be Reschedule filed.
|
Sep. 16, 2009 |
Deposition Transcript of Patricia Bryant filed.
|
Sep. 16, 2009 |
Notice of Filing Original Deposition Transcript of Patricia Bryant filed.
|
Sep. 16, 2009 |
Deposition Transcript of Clayton Kirlkand filed.
|
Sep. 16, 2009 |
Notice of Filing Original Deposition Transcript of Clayton Kirkland filed.
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Sep. 16, 2009 |
Respondent's Revised Witness List filed.
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Sep. 14, 2009 |
Notice of Providing Court Reporter to Record Final Hearing filed.
|
Sep. 10, 2009 |
Respondent's Witness List filed.
|
Jul. 09, 2009 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for September 23, 2009; 9:00 a.m.; Orlando, FL).
|
Jul. 07, 2009 |
Respondent's Notice of Unavailability of Witnesses filed.
|
Jul. 02, 2009 |
Notice of Unavailability filed.
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Jun. 30, 2009 |
Notice of Hearing Needed be Rescheduled filed.
|
Jun. 30, 2009 |
Respondent's Exhibit List (exhibits not available for viewing) filed.
|
Jun. 23, 2009 |
Notice of Appearance (filed by M. Moran).
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Jun. 15, 2009 |
Order of Pre-hearing Instructions.
|
Jun. 15, 2009 |
Notice of Hearing (hearing set for July 14, 2009; 9:00 a.m.; Orlando, FL).
|
May 29, 2009 |
Unilateral Response to Initial Order filed.
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May 27, 2009 |
Notice of Appearance (filed by K. Lindsey).
|
May 14, 2009 |
Initial Order.
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May 14, 2009 |
Employment Charge of Discrimination fled.
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May 14, 2009 |
Notice of Determination: No Cause filed.
|
May 14, 2009 |
Determination: No Cause filed.
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May 14, 2009 |
Petition for Relief filed.
|
May 14, 2009 |
Transmittal of Petition filed by the Agency.
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Orders for Case No: 09-002547
Issue Date |
Document |
Summary |
Jul. 13, 2011 |
Agency Final Order
|
|
Apr. 20, 2011 |
Recommended Order
|
Petitioner's claim for discrimination based on failure to hire was time barred. Petitioner did not establish that Respondent retaliated by calling sheriff's office to arrest Petitioner for trespassing.
|