STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

WALLACE MOOREHAND, EEOC No. 15D201400207

Petitioner, FCHR Case No.

v. No. 14-3733

STATE FARM. FCHR Order No. 15-016

Respondent.

/

FINAL ORDER DISMISSING PETITIO N RELIE F FROM AN UNLAWFUL EMPLOYMENT

Preliminary Matters

Petitioner Wallace filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes (2013), alleging that Respondent State Farm committed unlawful employment practices on the bases of Petitioner's race (Black), sex (male) and age (DOB: 3-17-53) by indicating to Petitioner that Respondent would no longer have Block Assignments and by then granting Assignments from a former Agent to younger, white, female Agents, with the denial of Assignments to Petitioner resulting in no increase in earnings of Petitioner.

The allegations set forth in the complaint were investigated, and, on July

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 Pensacola and Tallahassee, Florida, on October before Administrative Law Judge Suzanne Van Wyk.

Judge Van Wyk issued a Recommended Order of dismissal, dated January 6,

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.

Filed March 26, 2015 4:35 PM Division of Administrative Hearings

Conclusions of Law

We 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

DONE AND ORDERED day

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Michael Keller, Panel Chairperson; Commissioner Rebecca Steele; and

Commissioner Billy Whitefox Stall

day of in Tallahassee, Florida.

2015,

Commission on Human Relations 4075 Esplanade Way, Room Tallahassee, FL 32399

(850) 488-7082

Copies furnished to:

Wallace Moorehand

c/o Glenn A. Crickenberger, Esq. Gary, Williams & Watson, PL

East Osceola Street Stuart, FL 34994

State Farm

c/o J. Robert Esq. Ogletree, Deakins, Nash,

& Stewart, P.C.

North Tampa Street, Suite Tampa, FL

State Farm

c/o Mark Esq.

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

701 Poydras Street, Suite 3500 New Orleans, LA 70139

Suzanne Van Wyk, 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

Clerk of the

Florida Commission on Human Relations

Docket for Case No: 14-003733

Orders for Case No: 14-003733