STATE OF FLORIDA COMMISSION O N HUMA N RELATIONS

JULIE MCDANIEL , EEOC No. NONE

Petitioner, FCHR Case No.

v. 15-0956

FORWARD AIR, INC., FCHR Order No. 15-073

Respondent.

/

FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E

Preliminary Matters

Petitioner Julie McDaniel filed a complaint o f discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes (2013), alleging that Respondent Forward Air, Inc., committed an unlawful employment practice on the bases o f Petitioner's race (Asian) and national origin (not specified in complaint), and on the basis o f retaliation by failing to offer Petitioner a new position when Petitioner's existing job was eliminated during restructuring.

The allegations set forth in the complaint were investigated, and, on January 9,

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 Orlando and Tallahassee, Florida, on July 9, 2015, before Administrative Law Judge John D. C. Newton, II .

Judge Newton issued a Recommended Order o f dismissal, dated October 9,

The Commission panel designated below considered the record o f this matter and determined the action to be taken on the Recommended Order.

Findings of Fact

We the Administrative Law Judge's findings of fact to be supported by competent substantial evidence.

We adopt the Administrative Law Judge's findings o f fact.

Filed December 16, 2015 11:20 AM Division of Administrative Hearings

FCHR Order No. 15-073

Page 2

Conclusions of Law

We find the Administrative Law Judge's application o f 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 o f 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 Florida Statutes, and in the Florida Rules o f Appellate Procedure

DONE AN D ORDERED this day of ,

FOR THE FLORIDA COMMISSION ON HUMA N RELATIONS:

Commissioner Rebecca Steele, Panel Chairperson; Commissioner Derick Daniel; and

Commissioner J. Jeff Graber

Filed this day 2015, in Tallahassee, Florida.

Clerk

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

(850) 488-7082

FCHR Order No. 15-073 3

Copies furnished to:

Julie McDaniel

7508 Toscana Blvd., Unit 142 Orlando, FL

Forward Air, Inc.

c/o John D. Buchanan, Jr., Esq.

Henry Buchanan Hudson Suber & Carter, Post Office Drawer

Tallahassee, FL 32317-4079

Forward Air, Inc.

c/o Robert Best Buchanan, Esq. Siboni & Buchanan

1900 SE Ave., Ste. 300 FL

John D. C. Newton, II , Administrative Law Judge, DOA H James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a copy foregoing has been mailed to the above

By:

Clerk o f the

Florida Commission on Human Relations

Docket for Case No: 15-000956

Orders for Case No: 15-000956