STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS

GLORIA J. EDWARDS, )

)

Petitioner, )

)

vs. ) CASE NO. 91-6394

) SUNDANCE CARRIAGE CORP. ) d/b/a DOLLAR RENT A CAR, )

)

Respondent, )

and )

) SCAMP AUTO RENTAL I, INC., )

)

Party of Interest. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a formal hearing in this case on April 23, 1993 in Tampa, Florida.

APPEARANCES

For Petitioner: Gloria J. Edwards

Post Office Box 291385 Tampa, Florida 33687-1385

For Respondent No Appearance

For Scamp Auto Margaret D. Mathews, Esquire Rental Inc. Stagg, Hardy, Ferguson,

Murnaghan & Mathews, P.A. Post Office Box 959

Suite 3800, Barnett Plaza Tampa, Florida 33601-0959

STATEMENT OF THE ISSUES

Whether or not Petitioner, Gloria J. Edwards, was unlawfully discriminated against by Respondent, Dollar Rent A Car, based on her race (Black) in violation of Title VII of the Civil Rights Act of 1964, as amended.

PRELIMINARY STATEMENT

On October 3, 1991, the Florida Commission on Human Relations transmitted a Petition for relief from an unlawful employment practice filed by Petitioner, Gloria J. Edwards, to the Division of Administrative Hearings (DOAH) pursuant to Section 120.57(1), Florida Statutes, and Rule 22T-8.016(1), Florida Administrative Code.

Initially, the Florida Commission on Human Relations (FCHR) investigated Petitioner's complaint filed with FCHR on February 5, 1990 and determined that there was no reasonable basis to believe that an unlawful employment practice had occurred against Petitioner by Sundance Carriage Corporation d/b/a Dollar Rent A Car (Respondent or Sundance) and Petitioner sought review of that decision.

The hearing was initially scheduled for Thursday, February 6, 1992 in Tampa, Florida. Respondent, Dollar Rent A Car did not appear at that hearing as that Notice of Hearing was served upon Petitioner, William F. Flynn of Sundance and FCHR's Clerk, Margaret Jones. The notice was not served upon Scamp Auto Rental, Inc. (Scamp) Scamp was added to this case as a "party of interest" when it was discovered that it began operating under the Dollar license agreement following Sundance's termination.

Scamp initially became aware of Petitioner's petition for relief when Scamp was served with their notice dated August 18, 1992 of a hearing for Friday, October 23, 1992.

The thrust of Petitioner's complaint is that she was treated unfairly in the assignment of duties by Dollar Rent A Car; that she was placed on probation on February 2, 1990 and was denied a raise which was due on January 11, 1990.

Petitioner also alleges that she was being required to handle a larger workload than other daily business report auditors for the two month period preceding the date of her Petition For Relief. (February 5, 1990)

At the outset, Petitioner has the burden of establishing a prima facie case that she was discriminated against in her employment relationship by Respondent as alleged.

FINDINGS OF FACT

1. Petitioner, Gloria J. Edwards, a black female, during times material to September 3, 1990, was employed by Respondent, Sundance Carriage Corporation, d/b/a Dollar Rent A Car (Sundance) as a daily business report auditor in Tampa, Florida.

   
   

2. On September 3, 1990, Sundance was terminated as a licensee by Dollar Systems and ceased operations as a Dollar Rent A Car licensee.

   
   

3. On October 1, 1990, Scamp Auto Rental, Inc. obtained a license to engage in business as Dollar Rent A Car in several Florida locations including Tampa, from Dollar Systems, Incorporated.

   
   

4. Petitioner, although a member of a protected class, failed to establish that she was unfairly assigned duties by Respondent; that she was unfairly denied either a pay raise or a promotion or that she was assigned a larger workload based on her race. Likewise, there was no showing that she was unlawfully placed on probation.

   
   

5. Although Scamp hired some of Respondent, Sundance's former employees, Petitioner was not among those employees who was retained.

   
   

6. Scamp is a corporation, unrelated to Sundance, with no common officers or directors.

7. The license agreement between Sundance and Dollar Rent A Car System reveals that Sundance was licensed to use a plan or system known as the Dollar Rent A Car system in the conduct of its vehicle renting business. That agreement provides that Sundance is an independent contractor and is not the partner, co-venturer, agent or associate of Dollar Systems and that Sundance has no authority whatsoever to bind Dollar Systems to any of the obligations or responsibilities or to incur debts for, or on behalf of, Dollar Systems. At no time has Dollar Systems controlled, or had the right to control, the method or mode of operation of Sundance's business on a day-to-day basis. At no time during the performance of the license agreement has Dollar Systems held any property interests in the Sundance operation. Dollar System has not owned any of Sundance's stock. All trade names, service marks, and trademarks used in connection with the Dollar Rent A Car System have, at all times, remained the exclusive property of Dollar. Dollar Rent A Car Systems, Inc., has authorized Dollar Systems to license the use of the tradenames, service marks, and trademarks. Sundance was allowed the use of such items only in accordance with the license agreement. Dollar Systems has not shared in Sundance's profits or losses but instead Dollar Systems received, pursuant to the license agreement, an administrative fee from Sundance based on a percentage of Sundance's recorded gross time and mileage charges from rental of automobiles. This fee was paid by Sundance as a cost of doing business regardless of whether Sundance operated at a profit or loss or whenever Sundance received payment from a renter for any particular rental. Dollar Systems has not participated in, or had the right to participate in, the hiring, firing, or supervision of Sundance's personnel. At no time has Dollar Systems participated in, or had the right to participate in, determining the wages of the employee benefits provided to Sundance employees. Finally, Dollar Systems terminated Sundance's licenses on September 3, 1990. In view thereof, it is concluded that Scamp Auto Rental is not a successor of Sundance and cannot be held legally liable for alleged discriminatory actions of Sundance.

   
   

   CONCLUSIONS OF LAW

   
   

8. The Division of Administrative Hearings has jurisdiction over the subject matter of and the parties to this action pursuant to Section 120.57(1), Florida Statutes.

   
   

9. The parties were duly noticed pursuant to Chapter 120, Florida Statutes.

   
   

10. Petitioner has the burden of establishing a prima facie case that she was discriminated as alleged.

    
    

11. Petitioner has demonstrated that she falls within a protected class within the meaning of Section 760.10(1)(a), Florida Statutes.

    
    

12. Respondent is an employer within the meaning of Section 760.02(3), Florida Statutes.

    
    

13. Petitioner has failed to make a prima facie showing that Respondent unlawfully assigned her duties; denied her a pay raise or other fringe benefits; denied her a promotion or assigned her a larger workload than other daily business report auditors based on her race or for engaging in other protected concerted activities.

    
    

14. Moreover, Scamp is not a successor corporation to Petitioner's former employer, Sundance Carriage Corporation. See, Bernard, supra.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that:

The Florida Commission on Human Relations enter a Final Order dismissing the Petition for Relief filed herein.

DONE and ENTERED this 4th day of August 1993 in Tallahassee, Leon County, Florida.

JAMES E. BRADWELL

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 4th day of August, 1993.

COPIES FURNISHED:

Gloria J. Edwards P. O. Box 260751

Tampa, Florida 33685-0751

Margaret D. Mathews, Esquire Connie Harvey, Esquire Stagg, Hardy, Ferguson Murnaghan & Mathews

P. O. Box 959

Tampa, Florida 33601-0959

William F. Flynn

c/o Dollar Rent A Car 4707 W. Spruce Street Tampa, Florida 33607

Sharon Moultry

Human Relations Commission

325 John Knox Road Building F, Suite 240

Tallahassee, Florida 32303-4149

Dana Baird General Counsel

Human Relations Commission

325 John Knox Road Building F, Suite 240

Tallahassee, Florida 32303-4149

Docket for Case No: 91-006394

Orders for Case No: 91-006394