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LUIS ROSADO, III vs FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, 16-006142 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-006142 Visitors: 7
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.
TempHtml



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.
Mar. 15, 2017 Recommended Order cover letter identifying the hearing record referred to the Agency.
Mar. 15, 2017 Recommended Order (hearing held January 3 and 4, 2017). CASE CLOSED.
Feb. 06, 2017 Respondent's Proposed Recommended Order filed.
Jan. 31, 2017 Notice of Ex-parte Communication.
Jan. 30, 2017 (Petitioner`s) Proposed Recommended Order and Closing Statement filed.
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.
Jan. 10, 2017 Statement of Person Administering Oath (Ranjana Bhandari) filed.
Jan. 10, 2017 Statement of Person Administering Oath (Rosa Baez) filed.
Jan. 04, 2017 Statement of Person Administering Oath (Amy Baldree) filed.
Jan. 04, 2017 Statement of Person Administering Oath (Elvin Quinones) filed.
Jan. 04, 2017 Statement of Person Administering Oath (Lisa Careaga) filed.
Jan. 04, 2017 Statement of Person Administering Oath (Karen Gibson) filed.
Jan. 03, 2017 CASE STATUS: Hearing Held.
Dec. 29, 2016 Respondent's Notice of Compliance With Notice of Hearing filed.
Dec. 23, 2016 Respondent's Exhibit List filed.
Dec. 23, 2016 Respondent's Witness List (redacted, 12.23.2016) filed.
Dec. 22, 2016 Court Reporter Request filed.
Dec. 19, 2016 Respondent's Notice of Cancellation of Telephonic Deposition of Karen Gibson filed.
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.
Dec. 13, 2016 Respondent's Unopposed Motion to Allow Witnesses to Testify at Formal Hearing via Telephone Conference filed.
Dec. 13, 2016 Respondent's Notice of Taking Telephonic Deposition of Karen Gibson (Dec. 20, 2016), 12.13.2016 filed.
Dec. 07, 2016 Respondent's Notice of Taking Deposition Duces Tecum of Petitioner Luis Rosado, III filed.
Nov. 21, 2016 Order Denying Request for Qualified Representative.
Nov. 15, 2016 Petitioner's First Request For Admission filed.
Nov. 15, 2016 Request for Qualified Representative filed.
Nov. 14, 2016 Notice of Appearance (Joseph Rosado) filed.
Nov. 04, 2016 Respondent's Notice of Serving First Set of Interrogatories filed.
Nov. 02, 2016 Notice of Telephonic Pre-hearing Conference (set for December 14, 2016; 10:00 a.m.).
Nov. 02, 2016 Order of Pre-hearing Instructions.
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).
Oct. 27, 2016 Joint Response to Initial Order filed.
Oct. 27, 2016 Notice of Appearance filed.
Oct. 20, 2016 Notice of Appearance (Rhonda Morris) filed.
Oct. 20, 2016 Notice of Substitution of Counsel filed.
Oct. 20, 2016 Initial Order.
Oct. 19, 2016 Employment Charge of Discrimination filed.
Oct. 19, 2016 Notice of Determination: No Reasonable Cause filed.
Oct. 19, 2016 Determination: No Reasonable Cause filed.
Oct. 19, 2016 Petition for Relief filed.
Oct. 19, 2016 Transmittal of Petition filed by the Agency.

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.
Source:  Florida - Division of Administrative Hearings

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