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MANNY ROLON vs BRIGHT HOUSE NETWORKS, 14-002522 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-002522 Visitors: 31
Petitioner: MANNY ROLON
Respondent: BRIGHT HOUSE NETWORKS
Judges: LINZIE F. BOGAN
Agency: Commissions
Locations: Orlando, Florida
Filed: May 28, 2014
Status: Closed
Recommended Order on Monday, September 22, 2014.

Latest Update: Dec. 10, 2014
Summary: Whether Respondent violated the Florida Civil Rights Act of 1992, as alleged in the Employment Charge of Discrimination filed by Petitioner on November 12, 2013.Petitioner failed to meet his burden of proving that Respondent terminated his employment for reasons related to Petitioner's national origin.
TempHtml


STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS


MANNY ROLON, EEOC Case No. NONE


Petitioner, FCHR Case No.

v. 14-2522

BRIGHT HOUSE NETWORKS, FCHR Order No. 14-048

Respondent,

/


FINAL ORDER DISMISSING PETITIO N FOR RELIE F FROM AN UNLAWFUL EMPLOYMENT


Preliminary Matters


Petitioner Manny filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes (2012), alleging that Respondent Bright House Networks committed an unlawful employment practice on the basis of Petitioner's national origin (Hispanic / Puerto Rico) by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on April 21,

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 July 23, before Administrative Law Judge Linzie F. Bogan.

Judge Bogan issued a Recommended Order of dismissal, dated September 22,

2014.

The Commission panel designated below considered the record of this matter and

determined the action to be taken the Recommended Order.


Findings of Fact


We 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 December 10, 2014 8:00 AM Division of Administrative Hearings



FCHR Order No. 14-048

Page 2


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 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 of .

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:


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

Commissioner Tony Jenkins


Filed this day of 2014, in Tallahassee, Florida.


Commission on Human Relations 2009 Apalachee Parkway, Suite Tallahassee, FL 32301



FCHR Order No. 14-048 3


Copies furnished to:


Manny

South Road, Apt. 205 Orlando, FL


Bright House Networks c/o Lillian C. Moon, Esq. Jackson Lewis LLP

390 North Orange Avenue, Suite FL 32801

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


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


Clerk of

Florida Commission on Human Relations


Docket for Case No: 14-002522
Issue Date Proceedings
Dec. 10, 2014 Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
Sep. 22, 2014 Recommended Order (hearing held July 23, 2014). CASE CLOSED.
Sep. 22, 2014 Recommended Order cover letter identifying the hearing record referred to the Agency.
Sep. 17, 2014 Petitioner`s Proposed Recommended Order filed.
Sep. 17, 2014 Respondent's (Proposed) Recommended Order filed.
Sep. 09, 2014 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Aug. 28, 2014 Transcript Volume I-II (not available for viewing) filed.
Jul. 23, 2014 CASE STATUS: Hearing Held.
Jul. 22, 2014 Joint Prehearing Stipulation filed.
Jul. 22, 2014 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Jul. 22, 2014 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Jul. 21, 2014 Respondent's Amended (Proposed) Exhibit List filed.
Jul. 18, 2014 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Jul. 16, 2014 Respondent's (Proposed) Exhibit List filed.
Jul. 16, 2014 Respondent's Notice of Filing Proposed Exhibits filed.
Jul. 16, 2014 Respondent's Witness List filed.
Jun. 18, 2014 Notice of Appearance (Lillian Moon) filed.
Jun. 16, 2014 Court Reporter Notice filed.
Jun. 16, 2014 Order of Pre-hearing Instructions.
Jun. 16, 2014 Notice of Hearing by Video Teleconference (hearing set for July 23, 2014; 9:30 a.m.; Orlando and Tallahassee, FL).
Jun. 12, 2014 (Respondent's) Supplemental Response to Initial Order Regarding Availability for Hearing filed.
Jun. 06, 2014 Order Granting Extension of Time.
Jun. 05, 2014 (Respondent's) Response to Initial Order filed.
Jun. 05, 2014 Notice of Appearance (Benjamin Sharkey) filed.
May 29, 2014 Initial Order.
May 28, 2014 Charge of Discrimination filed.
May 28, 2014 Notice of Determination: No Cause filed.
May 28, 2014 Determination: No Cause filed.
May 28, 2014 Petition for Relief filed.
May 28, 2014 Transmittal of Petition filed by the Agency.

Orders for Case No: 14-002522
Issue Date Document Summary
Dec. 09, 2014 Agency Final Order
Sep. 22, 2014 Recommended Order Petitioner failed to meet his burden of proving that Respondent terminated his employment for reasons related to Petitioner's national origin.
Source:  Florida - Division of Administrative Hearings

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