Petitioner: LUIS ROSADO, III
Respondent: FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES
Judges: ELIZABETH W. MCARTHUR
Agency: Florida Commission on Human Relations
Locations: St. Petersburg, Florida
Filed: Oct. 19, 2016
Status: Closed
Recommended Order on Wednesday, March 15, 2017.
Latest Update: May 25, 2017
Summary: The issue to be determined is whether Respondent committed an unlawful employment practice against Petitioner by discriminating against him on the basis of disability and/or age.Petitioner did not prove discrimination because of disability or age. He was fired while on probation as a child protection investigator because he could not perform the job's essential duties.
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STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS
LUIS ROSADO, III, EEOC Case No. NONE
Petitioner, FCHR Case No. 2016-00598
v. DOAH No. 16-6142
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,
FCHR Order No.
Respondent.
FINAL ORDER DISMISSING PETITIO N FOR
RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E
Preliminary Matters
Petitioner Luis Rosado, III, filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes
alleging that Respondent Florida Department of Children and Families committed an unlawful practice on the bases of Petitioner's disability and age (DOB: 25-54) 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 St. Petersburg and Tallahassee, Florida, on January 3 and 4, before Administrative Law Judge Elizabeth W. McArthur.
Judge McArthur issued a Recommended Order of dismissal, dated March
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 May 25, 2017 1:08 PM Division of Administrative Hearings
FCHR Order No.
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 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 day of ,
FOR THE FLORIDA COMMISSION ON RELATIONS:
Commissioner Tony Jenkins, Panel Chairperson; Commissioner Donna and
Commissioner Gilbert M . Singer
Filed this. day of "ITiOM
in Tallahassee,
2017,
Clerk
Commission on Human Relations 4075 Esplanade Way, Room Tallahassee, FL 32399
(850) 488-7082
FCHR Order No. 17-036 3
Copies furnished to:
Luis Rosado, III Post Office Box 401
Tarpon Springs, FL 34688
Florida Department of Children and Families
c/o Elmer C. Ignacio, Esq. Assistant Attorney General Office of the Attorney General The Capitol, Plaza Level 01 Tallahassee, FL 32399-1050
Elizabeth W. McArthur, 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 the
Florida Commission on Human Relations
Docket for Case No: 16-006142
Issue Date |
Proceedings |
May 25, 2017 |
Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
|
Mar. 20, 2017 |
Transmittal letter from Claudia Llado forwarding Proposed Exhibits, which were not offered or admitted into evidence to the Respondent.
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Mar. 15, 2017 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Mar. 15, 2017 |
Recommended Order (hearing held January 3 and 4, 2017). CASE CLOSED.
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Feb. 06, 2017 |
Respondent's Proposed Recommended Order filed.
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Jan. 31, 2017 |
Notice of Ex-parte Communication.
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Jan. 30, 2017 |
(Petitioner`s) Proposed Recommended Order and Closing Statement filed.
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Jan. 23, 2017 |
Transcript of Proceedings (not available for viewing) filed. |
Jan. 23, 2017 |
Respondent's Exhibits filed (exhibits not available for viewing). |
Jan. 23, 2017 |
Respondent's Exhibits filed (exhibits not available for viewing). |
Jan. 10, 2017 |
Statement of Person Administering Oath (Gilda P. Ferradaz) filed.
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Jan. 10, 2017 |
Statement of Person Administering Oath (Ranjana Bhandari) filed.
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Jan. 10, 2017 |
Statement of Person Administering Oath (Rosa Baez) filed.
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Jan. 04, 2017 |
Statement of Person Administering Oath (Amy Baldree) filed.
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Jan. 04, 2017 |
Statement of Person Administering Oath (Elvin Quinones) filed.
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Jan. 04, 2017 |
Statement of Person Administering Oath (Lisa Careaga) filed.
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Jan. 04, 2017 |
Statement of Person Administering Oath (Karen Gibson) filed.
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Jan. 03, 2017 |
CASE STATUS: Hearing Held. |
Dec. 29, 2016 |
Respondent's Notice of Compliance With Notice of Hearing filed.
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Dec. 23, 2016 |
Respondent's Exhibit List filed.
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Dec. 23, 2016 |
Respondent's Witness List (redacted, 12.23.2016) filed.
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Dec. 22, 2016 |
Court Reporter Request filed.
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Dec. 19, 2016 |
Respondent's Notice of Cancellation of Telephonic Deposition of Karen Gibson filed.
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Dec. 15, 2016 |
CASE STATUS: Pre-Hearing Conference Held. |
Dec. 14, 2016 |
Order Granting Respondent's Unopposed Motion to Allow Witness to Testify by Telephone.
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Dec. 13, 2016 |
Respondent's Unopposed Motion to Allow Witnesses to Testify at Formal Hearing via Telephone Conference filed.
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Dec. 13, 2016 |
Respondent's Notice of Taking Telephonic Deposition of Karen Gibson (Dec. 20, 2016), 12.13.2016 filed.
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Dec. 07, 2016 |
Respondent's Notice of Taking Deposition Duces Tecum of Petitioner Luis Rosado, III filed.
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Nov. 21, 2016 |
Order Denying Request for Qualified Representative.
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Nov. 15, 2016 |
Petitioner's First Request For Admission filed.
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Nov. 15, 2016 |
Request for Qualified Representative filed.
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Nov. 14, 2016 |
Notice of Appearance (Joseph Rosado) filed.
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Nov. 04, 2016 |
Respondent's Notice of Serving First Set of Interrogatories filed.
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Nov. 02, 2016 |
Notice of Telephonic Pre-hearing Conference (set for December 14, 2016; 10:00 a.m.).
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Nov. 02, 2016 |
Order of Pre-hearing Instructions.
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Nov. 02, 2016 |
Notice of Hearing by Video Teleconference (hearing set for January 3 and 4, 2017; 9:30 a.m.; St. Petersburg and Tallahassee, FL).
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Oct. 27, 2016 |
Joint Response to Initial Order filed.
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Oct. 27, 2016 |
Notice of Appearance filed.
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Oct. 20, 2016 |
Notice of Appearance (Rhonda Morris) filed.
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Oct. 20, 2016 |
Notice of Substitution of Counsel filed.
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Oct. 20, 2016 |
Initial Order.
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Oct. 19, 2016 |
Employment Charge of Discrimination filed.
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Oct. 19, 2016 |
Notice of Determination: No Reasonable Cause filed.
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Oct. 19, 2016 |
Determination: No Reasonable Cause filed.
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Oct. 19, 2016 |
Petition for Relief filed.
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Oct. 19, 2016 |
Transmittal of Petition filed by the Agency.
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Orders for Case No: 16-006142
Issue Date |
Document |
Summary |
May 25, 2017 |
Agency Final Order
|
|
Mar. 15, 2017 |
Recommended Order
|
Petitioner did not prove discrimination because of disability or age. He was fired while on probation as a child protection investigator because he could not perform the job's essential duties.
|