Petitioner: MARLENE SERRANO
Respondent: ORANGE COUNTY FIRE RESCUE
Judges: WILLIAM F. QUATTLEBAUM
Agency: Commissions
Locations: Orlovista, Florida
Filed: Jul. 27, 2012
Status: Closed
Recommended Order on Friday, February 8, 2013.
Latest Update: May 01, 2013
Summary: The issue in this case is whether Orange County Fire Rescue (Respondent) committed an act of unlawful employment discrimination against Marlene Serrano (Petitioner) in violation of the Florida Civil Rights Act of 1992.Petitioner failed to establish prima facie case of discrimination because she was not qualified to retain the job.
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STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS
MARLENE SERRANO, EEOC Case No. 510201200796
Petitioner, FCHR Case No. 2012-00693
v. DOAH Case No. 12-2551
ORANGE COUNTY FIRE RESCUE, FCHR Order No. 13-033
Respondent.
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FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE
Preliminary Matters
Petitioner Marlene Serrano 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 Orange County Fire Rescue committed an unlawful employment practice on the bases of Petitioner’s race (Hispanic) and National Origin (Puerto Rican) by terminating Petitioner from employment.
The allegations set forth in the complaint were investigated, and, on May 29, 2012, the Executive Director issued a determination finding that there was 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 Tallahassee and Orlando, Florida, on December 17, 2012, before Administrative Law Judge William F. Quattlebaum.
Judge Quattlebaum issued a Recommended Order of dismissal, dated February 8,
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 May 1, 2013 11:22 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 1st day of May , 2013. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:
Commissioner Gilbert M. Singer, Panel Chairperson; Commissioner Onelia Fajardo-Garcia; and Commissioner James Johns
Filed this 1st day of May , 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:
Marlene Serrano
c/o Scott Christopher Adams, Esq. LaBar and Adams, P.A.
1527 East Concord Street Orlando, FL 32803
Orange County Fire Rescue c/o Susan T. Spradley, Esq. Gray Robinson, P.A.
Post Office Box 3068 Orlando, FL 32802
William F. Quattlebaum, 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 1st day of May , 2013.
By: /s/ Clerk of the Commission
Florida Commission on Human Relations
Docket for Case No: 12-002551
Issue Date |
Proceedings |
May 01, 2013 |
Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
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Feb. 08, 2013 |
Recommended Order (hearing held December 17, 2012). CASE CLOSED.
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Feb. 08, 2013 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Jan. 15, 2013 |
Petitioner's Proposed Order filed.
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Jan. 14, 2013 |
Respondent, Orange County's, Proposed Recommended Order filed.
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Jan. 14, 2013 |
Notice of Filing Respondent, Orange County's, Proposed Recommended Order filed.
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Jan. 07, 2013 |
Transcript of Proceedings (not available for viewing) filed. |
Dec. 17, 2012 |
CASE STATUS: Hearing Held. |
Dec. 13, 2012 |
Respondent's Proposed Exhibit 6 filed (exhibits not available for viewing). |
Dec. 13, 2012 |
Respondent's Notice of Filing the Parties' Revised Joint Proposed Exhibit #6 filed.
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Dec. 12, 2012 |
Joint Response to Order Regarding Providing Court Reporter filed.
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Dec. 05, 2012 |
Notice of Filing Petitioner's Revised Proposed Exhibits (exhibits not available for viewing).
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Nov. 30, 2012 |
Notice of Filing Petitioner's Revised Proposed Exhibits filed.
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Oct. 29, 2012 |
Joint Notice of Filing the Parties' Revises Joint Proposed Exhibits filed (exhibits not available for viewing). |
Oct. 29, 2012 |
Joint Notice of Filing the Parties' Revised Joint Proposed Exhibits (exhibits not available for viewing).
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Oct. 26, 2012 |
Joint Notice of Filing the Parties' Revised Joint Proposed Exhibits filed.
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Oct. 09, 2012 |
Respondent's Proposed Exhibits filed (exhibits not available for viewing). |
Oct. 04, 2012 |
Respondent's Proposed Exhibits filed (exhibits not available for viewing). |
Oct. 03, 2012 |
Notice of Filing Respondent, Orange County Government's Proposed Exhibits filed.
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Oct. 02, 2012 |
Joint Exhitbit List (exhibits not available for viewing) filed.
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Oct. 02, 2012 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Sep. 28, 2012 |
Petitioner's Notice of Service and Compliance with Notice of Hearing by Video Teleconference filed.
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Sep. 26, 2012 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for December 17 and 18, 2012; 9:30 a.m.; Orlando, FL).
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Sep. 25, 2012 |
Joint Motion for Continuance of Final Hearing Scheduled on October 1, 2012 Until December 17 and 18, 2012 filed.
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Sep. 24, 2012 |
CASE STATUS: Pre-Hearing Conference Held. |
Sep. 21, 2012 |
Joint Pre-hearing Stipulation filed.
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Sep. 19, 2012 |
Parties Joint Notice that the Length of Time Necessary to Conduct the Final Hearing is Two (2) Days Rather than One (1) Day as Originally Estimated and Request a Second Day to be Scheduled filed.
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Sep. 04, 2012 |
Respondent's Response and Objections to Petitioner's Amended Notice of Taking Deposition of a Representative from Orange County Fire Rescue Division filed.
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Aug. 24, 2012 |
Notice of Taking Deposition of Marlene Serrano filed.
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Aug. 07, 2012 |
Order of Pre-hearing Instructions.
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Aug. 07, 2012 |
Notice of Hearing by Video Teleconference (hearing set for October 1, 2012; 9:30 a.m.; Orlando and Tallahassee, FL).
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Aug. 06, 2012 |
Unilateral Response to Initial Order filed.
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Aug. 06, 2012 |
Notice of Appearance (Scott Adams) filed.
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Aug. 01, 2012 |
Respondent, Orange County, Florida's Response to Initial Order filed.
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Jul. 27, 2012 |
Initial Order.
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Jul. 27, 2012 |
Charge of Discrimination filed.
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Jul. 27, 2012 |
Notice of Determination: Cause filed.
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Jul. 27, 2012 |
Determination: Cause filed.
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Jul. 27, 2012 |
Agency referral filed.
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Jul. 27, 2012 |
Petition for Relief filed.
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Orders for Case No: 12-002551
Issue Date |
Document |
Summary |
May 01, 2013 |
Agency Final Order
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Feb. 08, 2013 |
Recommended Order
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Petitioner failed to establish prima facie case of discrimination because she was not qualified to retain the job.
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