Elawyers Elawyers
Washington| Change

KEVIN D. FISCHER vs UNIVERSAL CITY DEVELOPMENT PARTNERS, 12-001590 (2012)

Court: Division of Administrative Hearings, Florida Number: 12-001590 Visitors: 34
Petitioner: KEVIN D. FISCHER
Respondent: UNIVERSAL CITY DEVELOPMENT PARTNERS
Judges: JOHN D. C. NEWTON, II
Agency: Florida Commission on Human Relations
Locations: Orlando, Florida
Filed: May 03, 2012
Status: Closed
Recommended Order on Friday, August 17, 2012.

Latest Update: Nov. 13, 2012
Summary: Did Respondent, Universal City Development Partners (Universal), discharge Petitioner, Kevin D. Fischer, because of his age? Did Respondent, Universal City Development Partners (Universal), discharge Petitioner, Kevin D. Fischer, because of a handicap or a perception that he had a handicap?Petitioner/employee did not present persuasive credible evidence that Respondent/employer discharged him because of his age, a handicap, or a perception that he had a handicap.
TempHtml


STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS


KEVIN D. FISCHER, EEOC Case No. 510201105342


Petitioner, FCHR Case No. 2012-00191


v. DOAH Case No. 12-1590


UNIVERSAL CITY DEVELOPMENT FCHR Order No. 12-055 PARTNERS,


Respondent.

/


FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE


Preliminary Matters


Petitioner Kevin D. Fischer 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 Universal City Development Partners committed unlawful employment practices on the bases of Petitioner’s age (DOB: 7-2-60) and perceived disability by harassing and intimidating Petitioner, and presumably by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on April 3, 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 in Orlando, Florida, on July 2, 2012, before Administrative Law Judge John D. C. Newton, II.

Judge Newton issued a Recommended Order of dismissal, dated August 17, 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 November 13, 2012 8:32 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 30th day of October , 2012. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:


Commissioner Gilbert M. Singer, Panel Chairperson; Commissioner Michell Long; and

Commissioner Mario M. Valle


Filed this 30th day of October , 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:


Kevin D. Fischer

c/o Clifford J. Geismar, Esq.

Law Office of Clifford J. Geismar, P.A. Crealde Executive Center

2431 Aloma Avenue, Suite 114 Winter Park, FL 32792


Universal City Development Partners c/o J. Lester Kaney, Esq.

Law Office of J. Lester Kaney Post Office Box 731148 Ormond Beach, FL 32173-1148


John D. C. Newton, II, 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 30th day of October , 2012.


By: /s/ Clerk of the Commission

Florida Commission on Human Relations


Docket for Case No: 12-001590
Issue Date Proceedings
Nov. 13, 2012 Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
Aug. 17, 2012 Recommended Order cover letter identifying the hearing record referred to the Agency.
Aug. 17, 2012 Recommended Order (hearing held July 2, 2012). CASE CLOSED.
Jul. 26, 2012 Respondent's, Universal City Development Partners, Ltd d/b/a Universal Orlando, Proposed Recommended Order filed.
Jul. 26, 2012 Notice of Service of Proposed Recommended Order filed.
Jul. 18, 2012 Transcript filed.
Jul. 18, 2012 Notice of Filing Original Transcript of Final Hearing filed.
Jul. 02, 2012 CASE STATUS: Hearing Held.
Jun. 29, 2012 Notice of Hearing on Motion for Protective Order filed.
Jun. 29, 2012 Notice of Hearing on Motion for Protective Order filed.
Jun. 27, 2012 Respondent's Notice of Retaining Certified Court Reporter for Final Administrative Hearing filed.
Jun. 20, 2012 Pre-hearing Stipulation filed.
May 31, 2012 Notice of Change of Address filed.
May 23, 2012 Order of Pre-hearing Instructions.
May 23, 2012 Notice of Hearing (hearing set for July 2 and 3, 2012; 9:00 a.m.; Orlando, FL).
May 15, 2012 Notice of Unavailability filed.
May 14, 2012 Joint Response to Initial Order filed.
May 14, 2012 Notice of Appearance (J. Kaney) filed.
May 03, 2012 Initial Order.
May 03, 2012 Notice of Determination: No Cause filed.
May 03, 2012 Determination: No Cause filed.
May 03, 2012 Charge of Discrimination filed.
May 03, 2012 Transmittal of Petition filed by the Agency.
May 03, 2012 Petition for Relief filed.

Orders for Case No: 12-001590
Issue Date Document Summary
Oct. 30, 2012 Agency Final Order
Aug. 17, 2012 Recommended Order Petitioner/employee did not present persuasive credible evidence that Respondent/employer discharged him because of his age, a handicap, or a perception that he had a handicap.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer