Skip to Main Content. Please Contact Us if there is anything we can do to improve the Accessibility of this site.
  • Search:

Right menu

Left menu


Home / Complaints / Final Orders / Final Orders 2012 / FCHR Order No. 12-033

FCHR Order No. 12-033

Date of Release: 07/17/2012

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

WINDOW MITCHELL

 

EEOC Case No. NONE

Petitioner

 

FCHR Case No. 2011-02068

   

DOAH Case No. 11-5643

v.

 

FCHR Order No. 12-033

     

NORTH FLORIDA SALES COMPANY / BUDWEISER

   

Respondent

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Window Mitchell filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2010), alleging that Respondent North Florida Sales Company / Budweiser committed an unlawful employment practice on the basis of Petitioner’s perceived disability by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on October 18, 2011, 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 in Jacksonville, Florida, on March 27, 2012, before Administrative Law Judge F. Scott Boyd.

Judge Boyd issued a Recommended Order of dismissal, dated May 4, 2012.

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. 12-033

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 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 17th day of July , 2012.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Onelia Fajardo; and

Commissioner Michell Long

Filed this 17th day of July , 2012,

in Tallahassee, Florida.

___________/s/__________________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

FCHR Order No. 12-033

Page 3

Copies furnished to:

Window Mitchell

2150 Emerson Road, Apt. 245

Jacksonville, FL 32207

North Florida Sales Company / Budweiser

c/o Amy R. Harrison Turci, Esq.

Ford & Harrison, LLP

225 Water Street, Suite 710

Jacksonville, FL 32202

F. Scott Boyd, 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 17th day of July , 2012.

By: __________/s/________________

Clerk of the Commission

Florida Commission on Human Relations