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Home / Complaints / Final Orders / Final Orders 2011 / FCHR Order No. 11-086

FCHR Order No. 11-086

Date of Release: 11/03/2011

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

PRESTON PAMPHILE

EEOC Case No. 15D201000418

Petitioner

FCHR Case No. 2010-01893

 

DOAH Case No. 10-10018

v.

 

FEDEX

FCHR Order No. 11-086

Respondent

 

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Preston Pamphile filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2009), alleging that Respondent FedEx committed an unlawful employment practice on the bases of Petitioner’s race (African American) and color by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on September 30, 2010, 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 Tallahassee, Florida, on April 15, 2011, before Administrative Law Judge W. David Watkins.

Judge Watkins issued a Recommended Order of dismissal, dated August 24, 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

We find 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.

FCHR Order No. 11-086

Page 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 note that the Administrative Law Judge found, “In addition to the claim of race discrimination, the Petition for Relief filed with the Commission also asserts a claim of retaliation.” Recommended Order, ¶ 4. The Complaint of Discrimination filed by Petitioner with the Commission contains no allegations of unlawful retaliation. See filing.

A Commission Panel has noted, “…failure to include a particular charge in one’s complaint filed with the Florida Commission on Human Relations precluded the inclusion of the charge in one’s petition for relief.” Thompson v. ACS, f/k/a Concera Corporation, FCHR Order No. 04-137 (October 1, 2004). Accord, Frazier v. Handi House of Starke, Inc., FCHR Order No. 11-065 (August 2, 2011).

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

DONE AND ORDERED this 3rd day of November , 2011.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Donna Elam, Panel Chairperson;

Commissioner Gayle Cannon; and

Commissioner Billy Whitefox Stall

FCHR Order No. 11-086

Page 3

Filed this 3rd day of November , 2011,

in Tallahassee, Florida.

_____________/s/________________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

NOTICE TO COMPLAINANT / PETITIONER

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:

Preston Pamphile

c/o Terri “Shay” Alexander, J.D.

Qualified Representative

Post Office Box 20862

Tallahassee, FL 32316

FedEx

c/o David P. Knox, Esq.

Federal Express Corporation

3620 Hacks Cross Road

Building B, Third Floor

Memphis, TN 38125

W. David Watkins, Administrative Law Judge, DOAH

James Mallue, Legal Advisor for Commission Panel

FCHR Order No. 11-086

Page 4

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 3rd day of November , 2011.

By: ___________/s/______________

Clerk of the Commission

Florida Commission on Human Relations