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PRESTON PAMPHILE vs FEDEX, 10-010018 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-010018 Visitors: 26
Petitioner: PRESTON PAMPHILE
Respondent: FEDEX
Judges: W. DAVID WATKINS
Agency: Commissions
Locations: Tallahassee, Florida
Filed: Nov. 02, 2010
Status: Closed
Recommended Order on Wednesday, August 24, 2011.

Latest Update: Nov. 03, 2011
Summary: The issue is whether Respondent engaged in an unlawful employment practice pursuant to chapter 760, Florida Statutes, by terminating Petitioner for allegedly using an electronic device while operating a FedEx vehicle.Petitioner failed to prove illegal discriminatory employment practice based on race or claim of retaliation.
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STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS


PRESTON PAMPHILE, EEOC Case No. 15D201000418


Petitioner, FCHR Case No. 2010-01893


v. DOAH Case No. 10-10018


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.


Filed November 3, 2011 8:51 AM Division of Administrative Hearings


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


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


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


Docket for Case No: 10-010018
Issue Date Proceedings
Nov. 03, 2011 Agency Final Order Dismissing Petition for Relief from and Unlawful Employment Practice filed.
Aug. 30, 2011 Transmittal letter from Claudia Llado forwarding Respondent's exhibits, to the agency.
Aug. 24, 2011 Recommended Order cover letter identifying the hearing record referred to the Agency.
Aug. 24, 2011 Recommended Order (hearing held April 15, 2011). CASE CLOSED.
May 23, 2011 Respondent Federal Express Corporation's Proposed Recommended Order filed.
May 13, 2011 Transcript (not available for viewing) filed.
May 13, 2011 Respondent Federal Express Corporation's Notice of Filing Transcript.
Apr. 15, 2011 Notice of Appearance (Terri "Shay" Alexander) filed.
Apr. 15, 2011 Affidavit in Support of Request for Representation by a Qualified Representative filed.
Apr. 15, 2011 Request for Representation by a Qualified Representative filed.
Apr. 15, 2011 CASE STATUS: Hearing Held.
Apr. 13, 2011 Respondent Federal Express Corporation's Notice of Intent to Provide a Court Reporter filed.
Mar. 01, 2011 Order Re-scheduling Hearing (hearing set for April 15, 2011; 9:30 a.m.; Tallahassee, FL).
Feb. 25, 2011 Notice of Status of Case and Mutually-Agreeable dates filed.
Feb. 18, 2011 Order Cancelling Hearing and Requiring Status Report (parties to advise status by February 25, 2011).
Feb. 17, 2011 Letter to Judge Watkins from Preston Pamphile requesting a continuance filed.
Feb. 16, 2011 Respondent Federal Express Corporation's Notice of Intent to Provide a Court Reporter filed.
Feb. 14, 2011 Respondent Federal Express Corporation's List of Witnesses filed.
Dec. 30, 2010 Order Granting Continuance and Re-scheduling Hearing (hearing set for February 18, 2011; 9:30 a.m.; Tallahassee, FL).
Dec. 28, 2010 Notice of Ex-parte Communication.
Dec. 23, 2010 Letter to Judge Watkins from Preston Pamphile requesting a continuance filed.
Dec. 03, 2010 Order of Pre-hearing Instructions.
Dec. 03, 2010 Notice of Hearing (hearing set for January 7, 2011; 9:30 a.m.; Tallahassee, FL).
Nov. 30, 2010 Respondent Federal Express Corporation's Revised Response to Initial Order filed.
Nov. 22, 2010 Order Accepting Qualified Representative.
Nov. 18, 2010 Motion of Federal Express Corporation for Acceptance of David P. Knox as Qualified Representative filed.
Nov. 15, 2010 Order Granting Extension of Time.
Nov. 12, 2010 Notice of Appearance (filed by David P. Knox).
Nov. 12, 2010 Respondent Federal Express Corporation's Response to Initial Order filed.
Nov. 03, 2010 Initial Order.
Nov. 02, 2010 Employment Complaint of Discrimination filed.
Nov. 02, 2010 Notice of Determination: No Cause filed.
Nov. 02, 2010 Determination: No Cause filed.
Nov. 02, 2010 Petition for Relief filed.
Nov. 02, 2010 Transmittal of Petition filed by the Agency.

Orders for Case No: 10-010018
Issue Date Document Summary
Nov. 03, 2011 Agency Final Order
Aug. 24, 2011 Recommended Order Petitioner failed to prove illegal discriminatory employment practice based on race or claim of retaliation.
Source:  Florida - Division of Administrative Hearings

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