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SUSAN SWEATT vs WALT DISNEY WORLD, 15-005979 (2015)

Court: Division of Administrative Hearings, Florida Number: 15-005979 Visitors: 12
Petitioner: SUSAN SWEATT
Respondent: WALT DISNEY WORLD
Judges: ELIZABETH W. MCARTHUR
Agency: Florida Commission on Human Relations
Locations: Orlando, Florida
Filed: Oct. 21, 2015
Status: Closed
Recommended Order on Thursday, June 16, 2016.

Latest Update: Sep. 08, 2016
Summary: The issue to be determined is whether Respondent terminated Petitioner’s employment because of her disability or age.Petitioner failed to prove she was terminated because of her disability or age. Instead, the evidence established that she was terminated because she falsified her time records.
TempHtml



STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS


SUSAN SWEATT, EEOC No. 510201501704


Petitioner. FCHR Case No.


v. DOAH No. 15-5979

WALT DISNEY WORLD, FCHR Order No. 16-046


Respondent.

/


FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E


Preliminary Matters


Petitioner Susan Sweatt filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes (2014), alleging that Respondent Disney World committed an unlawful practice on the basis of Petitioner's disability by forcing her to work in an unhealthy environment and an unlawful employment practice on the bases of Petitioner's disability and age (DOB:

-54) by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on September 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 March 24, before Administrative Law Judge Elizabeth W. McArthur.

Judge McArthur issued a Recommended Order of dismissal, dated June

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 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 September 8, 2016 4:36 PM 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 Florida and in the Florida Rules of Appellate Procedure


DONE AND ORDERED this day 2016.

FOR THE FLORIDA COMMISSION ON MAN RELATIONS:


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

Commissioner Sandra Turner


in Tallahassee, Florida.


Clerk

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

(850) 488-7082


Copies furnished to:


Susan Sweatt

c/o Amber N. Williams, Esq. The Coye Law

730 Vassar Street

Orlando, FL 32804


Disney World

c/o Patrick M . Muldowney, Esq. c/o Gregory R. Schmitz, Esq.

Baker & Hostetler, LLP Post Office Box 112

FL


Disney World

c/o Armando A. Rodriguez-Feo, Esq.

Disney Parks and Resorts, U.S., Inc.

Post Office Box


Lake Buena Vista, FL 32830


Elizabeth W. McArthur, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel


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


Clerk of the

Florida Commission on Human Relations


Docket for Case No: 15-005979
Issue Date Proceedings
Sep. 08, 2016 Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
Jun. 20, 2016 Transmittal letter from Claudia Llado forwarding Respondent's Proposed Exhibits, which were not admitted into evidence to Respondent.
Jun. 20, 2016 Transmittal letter from Claudia Llado forwarding Petitioner's Proposed Exhibits, which were not admitted into evidence to Petitioner.
Jun. 16, 2016 Recommended Order cover letter identifying the hearing record referred to the Agency.
Jun. 16, 2016 Recommended Order (hearing held March 24, 2016). CASE CLOSED.
May 10, 2016 Respondent's Proposed Recommended Order filed.
May 10, 2016 (Petitioner's) Proposed Recommended Order filed.
Apr. 19, 2016 Transcript Volume I-II (not available for viewing) filed.
Mar. 24, 2016 CASE STATUS: Hearing Held.
Mar. 22, 2016 Letter to Judge McArthur from Amber Williams enclosing Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Mar. 21, 2016 Notice of Filing Petitioner's Final Hearing Exhibit List and Exhibits filed.
Mar. 17, 2016 Notice of Transfer.
Mar. 17, 2016 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Mar. 16, 2016 Respondent's Notice of Filing Proposed Hearing Exhibits filed.
Mar. 15, 2016 Respondent's Notice of Ordering Hearing Transcript filed.
Mar. 15, 2016 Joint Pre-hearing Stipulation filed.
Feb. 04, 2016 Respondent's Notice of Production from Non-parties filed.
Feb. 04, 2016 Court Reporter Request filed.
Jan. 06, 2016 Order Re-scheduling Hearing by Video Teleconference (hearing set for March 24, 2016; 9:30 a.m.; Orlando, FL).
Dec. 15, 2015 Response to Order Granting Continuance and Notice of Available Hearing Dates filed.
Dec. 15, 2015 Court Reporter Cancellation filed.
Dec. 10, 2015 Respondent's Notice of Taking Deposition of the Petitioner filed.
Dec. 10, 2015 Order Granting Continuance (parties to advise status by December 18, 2015).
Dec. 07, 2015 Motion to Continue filed.
Dec. 03, 2015 Notice of Appearance (Gregory Schmitz) filed.
Nov. 30, 2015 Court Reporter Request filed.
Nov. 25, 2015 Notice of Appearance (Patrick Muldowney) filed.
Nov. 13, 2015 Notice of Conflict filed.
Nov. 02, 2015 Order of Pre-hearing Instructions.
Nov. 02, 2015 Notice of Hearing by Video Teleconference (hearing set for January 14, 2016; 9:30 a.m.; Orlando and Tallahassee, FL).
Oct. 28, 2015 (Petitioner's) Motion for Final Hearing filed.
Oct. 27, 2015 Notice of Appearance (Armando Rodriguez-Feo) filed.
Oct. 21, 2015 Initial Order.
Oct. 21, 2015 Charge of Discrimination filed.
Oct. 21, 2015 Notice of Determination: No Reasonable Cause filed.
Oct. 21, 2015 Determination: No Reasonable Cause filed.
Oct. 21, 2015 Petition for Relief filed.
Oct. 21, 2015 Transmittal of Petition filed by the Agency.

Orders for Case No: 15-005979
Issue Date Document Summary
Sep. 08, 2016 Agency Final Order
Jun. 16, 2016 Recommended Order Petitioner failed to prove she was terminated because of her disability or age. Instead, the evidence established that she was terminated because she falsified her time records.


Source:  Florida - Division of Administrative Hearings

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