.,.

STATE OF FLORIDA COMMISSION ()JN HUMAN RELATIONS

DAVID J. NORMANDIN,

Petitioner,

v.

FRESENIUS MEDICAL CARE,

-q A //: 15 EEOC Case No. NONE

FCHR Case No. 2009-00924 DOAH Case No. 09-4943 FCHR Order No. 11-010

Respondent.

/

FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner David J. Normandin 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 Fresenius Medical Care committed an unlawful employment practice on the basis of Petitioner's disability by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on July 17, 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 Shalimar, Florida, on July 27, 2010, before Administrative Law Judge Diane Cleavinger.

Judge Cleavinger issued a Recommended Order of dismissal, dated November 18,

2010.

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. 11-010

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 oflaw.

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 8th day of February , 2011. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Donna Elam, Panel Chairperson; Commissioner Gayle Cannon; and Commissioner Billy Whitefox Stall

Filed this 8th day of_--=F'--"e=bru=a=....ry' "' 2011,

in Tallahassee, Florida.

Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

FCHR Order No. 11-010

Page 3

Copies furnished to:

David J. Normandin

c/o R. John Westberry, Esq.

7201 North 9th Avenue, Suite A-4 Pensacola, FL 32504

Fresenius Medical Care

c/o Richard N. Margulies, Esq. Jackson Lewis LLP

245 Riverside Avenue, Suite 450

Jacksonville, FL 32202

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 8th day of February , 2011.

By: --"---='--=----=------- -----,1- =+----

Clerk of the Commission

Florida Commission on Human Relations

Docket for Case No: 09-004943

Orders for Case No: 09-004943