13-004131 Belinda Trayler vs. Walt Disney Parks And Resorts U.S., Inc., A Florida Corporation Status: Closed Recommended Order on Tuesday, November 26, 2013.

Summary: Petitioner failed to comply with the basic mandatory requirements to notify Respondent of the circumstances that warranted a reversal of the no cause determination.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BELINDA TRAYLER ,

Petitioner ,

vs. Case No. 13 - 4131

WALT DISNEY PARKS AND RESORTS

U.S., INC., A FLORIDA

CORPORATION ,

Respondent .

/

RECOMMENDED ORDER OF DISMISSAL

This case came before Lynne A. Quimby - Pennock, an

Administrative Law Judge of the Division of Administrative

Hearings (Division), for consideration of Respondent ' s Renewed

Motion to Dismiss that was filed on November 13, 2013 .

APPEARANCES

Fo r Petitioner: Belinda Trayler , pro se

1064 South Hoagland Boulevard

Kissimmee, Florida 34741

For Respondent: Glennys Ortega Rubin, Esquire

Shutts and Bowen LLP

Suit e 1000

300 South Orange Avenue

Orlando, Florida 32801

STATEMENT OF THE ISSUE

Whether Petitioner, B elinda Traylor, complied with the

requirements of Florida Administrative Code Rule 28 - 106.201 in

her request fo r hearing.

PRELIMINARY STATEMENT

On September 23, 20 1 3, the Florida Commission on Human

Relations (FCHR) issued a Notice of Determination: No Cause, in

response to a complaint Petitioner, Belinda Trayler , filed

against Disney World/Walt Disney. 1/ On Oct ober 10, 2013,

Petitioner executed an FCHR Petition for Hearing form (Petition) ,

checking the statement that " This is a Petition for Relief from

(check the applicable one): Unlawful Employment Practice . 2/

On October 21, 2013, FCHR transmitted Petitioner ' s Petition

for Relief 3 / to the Division. The matter was assigned to the

undersigned.

Based on filings that are explained in more detail below , it

has been concluded by the undersigned that this case should be

dismissed without a final hearing.

FINDINGS OF FACT

1. On or about March 30, 2013, Petitioner filed an

employment complaint of discrimination with FCHR, alleging that

Disney World/Walt Disney had discriminated against her on the

basis of sex and religion.

2. On September 13, 2013, FCHR entered a N otice of

Determination: No Cause (Notice), concluding that there was no

reasonable cause to believe that an unlawful employment practice

had been committed against Petitioner.

3. In the Notice Petitioner was informed of the following:

A Petition for R elief form is enclosed with

Complainant ' s notice. It may be beneficial

for Complainant to seek legal counsel prior

to filing the petition.

4. In he r October Petition, Petitioner provided her name,

the FCHR case number, her address and phone number, a c heck mark

indicating " Respondent has violated the Florida Civil Rights Act

of 1992, as Amended, " the date the form was signed, and her

signature. Petitioner did not supply: Respondent ' s name,

address, or telephone number; the " specifically described " mann er

in which Respondent violated the Florida Civil Rights Act of

1992; the disputed issue s of material fact, if any; or the

ultimate facts alleged and entitlement to relief .

5. On November 1, 2013, Respondent filed a Motion to

Dismiss (Motion). The Motio n set forth that Petitioner had

. . . f ailed to supply in her petition both

a statement of all disputed issues of

material fact and a concise statement of the

ultimate facts alleged, including the

specific facts that she contends warrant

reversal or modi fication of the September 23,

2013 [sic] No Cause determination by the

Florida Commission on Human R elations (FCHR).

6 . On November 5, 2013, an Order to Show Cause was entered

by the undersigned. Therein Petitioner was afforded until

5:00 p.m., Novemb er 18, 2013, to file a written statement setting

forth the facts surrounding her claim of discrimination.

Petitioner was told to include the information required by

Florida Administrative Code Rule 28 - 106.201. Additionally,

Petitioner was advised that a failure to file a written statement

by the deadline " or a failure to set forth facts which, if proven

at the hearing would show discrimination, may result in the entry

of a recommended order of dismissal. "

7 . On November 12, 2013, Petitioner filed the fo llowing: 4/

I Belinda Trayler, am in response to justify

the cause for this petition. That I was

Harassed, and Abused ,also about my religious

background from fellow employers. I was

fired without a just cause. The days I was

out were due to my legal gr andson emotion. I

have the legal guardianship from the courts

which I will bring with me also to court. He

has adhd, bipolar, anger issues.

Disney did not accept these paper words. As

the results of all this we are currently on

welfare and living day by day. I came down

in 2006 for my internship. An they asked me

to stay so I remained here. I am a 53 year

old single woman trying to raised to kids.

An for a 53 year old woman jobs are not easy

to obtain. [5 / ]

8 . On November 13, 2013, Respondent ' s Re newed Motion to

Dismiss was filed. Respondent set forth as its basis for

dismissal that Petitioner ' s response fails to comply with r ule

28 - 106.201 and the requirements of the FCHR ' s Petition for

Relief.

9 . Petitioner ' s November 12, 2013, response fails to

provide the following: rule 28 - 106.201(2)(d) , a statement of all

disputed issues of material fact; rule 28 - 106.201(2)(e) , a

concise statement of the ultimate facts alleged, including the

specific facts the petitioner contends warrant reversal or

modifi cation of the agency ' s proposed action; rule 28 -

106.201(2)(f) , an explanation of how the alleged facts relate to

the specific rules or statutes [alleged to be violated]; and rule

28 - 106.201(2)(g) , a statement of the relief sought, stating

precisely the act ion petitioner wishes the agency to take with

respect to the agency ' s proposed action.

CONCLUSIONS OF LAW

10 . The Division of Administrative Hearings has

jurisdiction of the parties and the subject matter of this

proceeding. §§ 120.569, 120.57(1), Fla . Stat . (201 3 ).

1 1 . Petitioner has the burden to state " the ultimate facts ,

to identify the facts that are in dispute, and to allege the

facts that warrant, in the petitioner ' s opinion , reversal. "

Brookwood Extended Care Ctr. o f Homestead, L.L.P. v. AHCA , 870

So. 2d 834 , 840 (Fla . 3d DCA 2003). Petitioner was afforded the

opportunity to provide the requisite information to enable

Respondent to know the specific allegations of discrimination.

Petitioner did not do so.

1 2 . The hearing scheduled for January 3, 2014 , is canceled.

RECOMMENDATION

Based on foregoing Findings of Fact and Conclusions of Law,

it is r ecommended that a final order be entered by the Florida

Commission on Human Relations dismissing the Petition for Relief.

DONE AND ENTERED this 2 6 th day of November , 2013 , in

Tallahassee, Leon County, Florida.

S

LYNNE A. QUIMBY - PENNOCK

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 2 6 th day of November , 2013 .

ENDNOTES

1/ On October 28, 2013, Respondent, Walt Disney Parks and Resorts

U.S., Inc., notified the Division that Petitioner was not

employed by Walt Disney World/Disney World Wide Services.

Petitioner has not disputed this , and the correct Respondent is

listed in the style of the case.

2/ FCHR has a form that persons who disagree with t he no cause

determination may use in order to dispute that determination.

3/ In addition to the Petition, the following documents were

included with the transmission: the employment complaint of

discrimination; the Notice of Determination: No Cause; and the

Determination: No Cause.

4 / Respondent ' s counsel obtained a copy of the document on

November 12, 2013. However, the document did not contain a

certificate of service evidencing such service. A Notice of

Ex - parte Communication was issued on Novem ber 14, 2013.

5/ There are numerous grammatical and typographical errors

throughout these two paragraphs.

COPIES FURNISHED:

Violet Denise Crawford, Agency Clerk

Florida Commission on Human Relations

Suite 100

2009 Apalachee Parkway

Tallahassee, Florid a 32301

Belinda Trayler

1064 South Hoagland Boulevard

Kissimmee, Florida 34741

Glennys Ortega Rubin, Esquire

Shutts and Bowen LLP

Suite 1000

300 South Orange Avenue

Orlando, Florida 32801

Cheyanne Costilla, General Counsel

Florida Commission on Human Relations

Suite 100

2009 Apalachee Parkway

Tallahassee, Florida 32301

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions

to this Recommen ded Order should be filed with the agency that

will issue the Final Order in this case.