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Home / Complaints / Final Orders / Final Orders 2011 / FCHR Order No. 11-037

FCHR Order No. 11-037

Date of Release: 04/13/2011




EEOC Case No. 15D200900635


FCHR Case No. 2009-01788


DOAH Case No. 10-0518



FCHR Order No. 11-037







Preliminary Matters

Petitioner Floyd Middleton filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2007), alleging that Respondent Federal Express committed unlawful employment practices on the bases of Petitioner’s race (African American) and alleged disability by harassing Petitioner, unfairly disciplining Petitioner, subjecting Petitioner to different terms and conditions of employment, and by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on December 4, 2009, the Executive Director issued his 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 in Pensacola, Florida, on April 30 and October 29, 2010, before Administrative Law Judge Diane Cleavinger.

Judge Cleavinger issued a Recommended Order of dismissal, dated February 2, 2011.

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

A transcript of the proceeding before the Administrative Law Judge was not filed with the Commission for the April 30, 2010, hearing day, but a transcript of the proceedings conducted on October 29, 2010, was filed with the Commission. In the absence of a transcript of the proceeding before the Administrative Law Judge, the Recommended Order is the only evidence for the Commission to consider. See National

FCHR Order No. 11-037

Page 2

Industries, Inc. v. Commission on Human Relations, et al., 527 So. 2d 894, at 897, 898 (Fla. 5th DCA 1988). Accord, Hall v. Villages of West Oaks HOA, FCHR Order No. 08-007 (January 14, 2008), Beach-Gutierrez v. Bay Medical Center, FCHR Order No. 05-011 (January 19, 2005), and Waaser v. Streit’s Motorsports, FCHR Order No. 04-157 (November 30, 2004).

We adopt the Administrative Law Judge’s findings of fact.

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.


Neither of the parties filed exceptions to the Administrative Law Judge’s Recommended Order.


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 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.

DONE AND ORDERED this 13th day of April , 2011.


Commissioner Donna Elam, Panel Chairperson;

Commissioner Elena Flom; and

Commissioner Billy Whitefox Stall

Filed this 13th day of April , 2011,

in Tallahassee, Florida.

FCHR Order No. 11-037

Page 3


Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082


As your complaint was filed under Title VII of the Civil Rights Act of 1964, which is enforced by the U.S. Equal Employment Opportunity Commission (EEOC), you have the right to request EEOC to review this Commission’s final agency action. To secure a “substantial weight review” by EEOC, you must request it in writing within 15 days of your receipt of this Order. Send your request to Miami District Office (EEOC), One Biscayne Tower, 2 South Biscayne Blvd., Suite 2700, 27th Floor, Miami, FL 33131.

Copies furnished to:

Floyd Middleton

820 Maple Woods Drive

Pensacola, FL 32534

Federal Express

c/o Ben Scott, Esq.

c/o R. Clinton Saxton, Esq.

3620 Hacks Cross Road

Building B, Third Floor

Memphis, TN 38125

Diane Cleavinger, Administrative Law Judge, DOAH

James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 13th day of April , 2011.

By: ________/s/_______________

Clerk of the Commission

Florida Commission on Human Relations