CopyCited 643 times | Published | Court of Appeals for the Eleventh Circuit | 68 Fed. R. Serv. 3d 241, 19 Am. Disabilities Cas. (BNA) 680, 2007 U.S. App. LEXIS 15175, 2007 WL 1814677
...We agree.
Section
760.50(2) of the FOAA provides that “[a]ny person with or
perceived as having [AIDS, AIDS-related complex, or HIV] shall have every
protection made available to handicapped persons.” Fla. Stat. §
760.50(2)
(emphasis added). The Florida Civil Rights Act (“FCRA”), Fla. Stat.
§
760.01-760.10, provides that it is an unlawful employment practice for an
employer to discriminate against an individual on the basis of, inter alia, an
individual’s “handicap.” Fla....
CopyCited 425 times | Published | Court of Appeals for the Eleventh Circuit | 16 Am. Disabilities Cas. (BNA) 1774, 2005 U.S. App. LEXIS 16082, 2 Accom. Disabilities Dec. (CCH) 12, 2005 WL 1838530
...TJOFLAT, Circuit Judge:
This case began when Lea Cordoba sued Dillard’s, Inc. in September 2001,
asserting claims under the Americans with Disabilities Act (ADA), 42 U.S.C. §
12101 et seq., and the Florida Civil Rights Act (FCRA), Fla. Stat. § 760.01 et seq.
In February 2003, the district court granted Dillard’s motion for summary
judgment on all claims, Cordba v....
CopyCited 356 times | Published | Court of Appeals for the Eleventh Circuit | 19 Am. Disabilities Cas. (BNA) 865, 2007 U.S. App. LEXIS 17151, 2007 WL 2050769
...hat Clairson failed to reasonably
accommodate his disability, in violation of Title I of the Americans with
Disabilities Act of 1990, 42 U.S.C. §§ 12111-12117 (“ADA”), and its Florida
analog, the Florida Civil Rights Act of 1992, Fla. Stat. § 760.01 (“FCRA”)....
...County, Florida, for failure to reasonably accommodate his disability, leading to
his termination, in violation of the Americans with Disabilities Act of 1990, 42
U.S.C. §§ 12101-12213 (“ADA”), and its Florida analog, the Florida Civil Rights
Act of 1992, Fla. Stat. § 760.01 (“FCRA”).11 Clairson removed the case to the
United States District Court for the Middle District of Florida, and responded that
Holly’s failure-to-accommodate claims must fail because he is not a “qualified
individual” within...
CopyCited 180 times | Published | Court of Appeals for the Eleventh Circuit | 90 Empl. Prac. Dec. (CCH) 42, 956, 2007 U.S. App. LEXIS 22676, 101 Fair Empl. Prac. Cas. (BNA) 1131
...BACKGROUND
Appellant Juan Manuel Pintado filed his original complaint in the Southern
District of Florida alleging the Miami-Dade Housing Authority (“MDHA”) had
violated (1) Florida’s Whistle-blower Act, Fla. Stat. Ann. §
112.3187; (2) Florida’s
Civil Rights Act, Fla. Stat. Ann. §
760.01, et seq.; and (3) Title VII of the Civil
Rights Act of 1964, 42 U.S.C....
CopyCited 107 times | Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 641, 2000 Fla. LEXIS 1751, 2000 WL 1227755
...Joshua (Joshua) began her employment as a Block Grant Financial Analyst for the City of Gainesville (City). In January 1995, Joshua filed a complaint with the Florida Commission on Human Relations (the Commission) alleging racial discrimination by the City in violation of the Florida Civil Rights Act (the Act), sections 760.01-760.11, Florida Statutes (1995)....
...See id.; see also Arrow Air, Inc. v. Walsh,
645 So.2d 422, 424 (Fla.1994) (statute enacted to prevent employer retaliation against whistleblowing employees was remedial legislation that should be liberally construed in favor of granting access to the remedy). Section
760.01(2) outlines the general purposes of the Act which include securing freedom from discrimination for all individuals and preserving the general welfare of all. See §
760.01(2). In addition, section
760.01(3), Florida Statutes (1995), states: The Florida Civil Rights Act of 1992 shall be construed according to the fair import of its terms and shall be liberally construed to further the general purposes stated in this section and the special purposes of the particular provision involved....
...the available options. When the Act is read as a whole, we conclude that the Legislature wanted persons who believe they have been the object of discrimination to go through the administrative process prior to bringing a circuit court civil action. Section 760.01(2), Florida Statutes (1995), provides: The general purposes of the Florida Civil Rights Act of 1992 are to secure for all individuals within the state freedom from discrimination because of race, color, religion, sex, national origin,...
CopyCited 104 times | Published | Court of Appeals for the Eleventh Circuit | 16 Am. Disabilities Cas. (BNA) 1825, 2005 U.S. App. LEXIS 18639, 31 NDLR 28
...d as a result of her
vertigo condition and because her employer regarded her as disabled, in violation
of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq., and
parallel provisions of the Florida Civil Rights Act, Fla. Stat. § 760.01 et seq.2 Soon
thereafter, ConAgra moved for summary judgment, arguing that D’Angelo was
neither disabled nor regarded as disabled within the meaning of the ADA, and that
she was not a “qualified individual” since she was unable to...
CopyCited 97 times | Published | Court of Appeals for the Eleventh Circuit | 2004 U.S. App. LEXIS 18050, 85 Empl. Prac. Dec. (CCH) 41, 721, 94 Fair Empl. Prac. Cas. (BNA) 538, 2004 WL 1896891
...She received a stipend and benefits for her work, as well as sick
and annual leave. A comprehensive collective bargaining agreement also
1
Cuddeback also alleged that the University violated the Florida Civil Rights Act, Fla. Stat.
§ 760.01....
CopyCited 87 times | Published | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 834, 2002 Fla. LEXIS 1967, 2002 WL 31259952
...cision, and remand for proceedings consistent with this opinion. STATEMENT OF FACTS Woodham, an African-American, filed an action against Blue Cross and Blue Shield of Florida (BCBS), her former employer, under the Florida Civil Rights Act (FCRA), §§ 760.01-.11, Fla....
...imination in circuit court. We begin with the stated purpose of the FCRA, which is "to secure for all individuals within the state freedom from discrimination because of race, color, religion, sex, national origin, age, handicap, or marital status." § 760.01(2), Fla. Stat. (1999). The Legislature has specifically declared that the FCRA "shall be liberally construed to further the general purposes stated in this section." § 760.01(3)....
...e and statutory construction directive are modeled after Title VII of the Civil Rights Act of 1964. Like Title VII, chapter 760 is remedial and requires a liberal construction to preserve and promote access to the remedy intended by the Legislature. Section 760.01(2) outlines the general purposes of the Act which include securing freedom from discrimination for all individuals and preserving the general welfare of all....
CopyCited 42 times | Published | Supreme Court of Florida | 81 Fair Empl. Prac. Cas. (BNA) 1302
...fe and unrest, to preserve the public safety, health and general welfare, and to promote the interests, rights and privileges of individual's within the state." Ch. 77-341, § 1, at 1462 (codified at § 13.201, Fla. Stat. (1977)) (current version at § 760.01(2), Fla. Stat. (1997) (Civil Rights Act of 1992)). The Legislature has further noted that the act is to be construed in accord with the fair import of its terms and shall be liberally construed to further the general purposes stated therein. See § 760.01(3)....
...Walsh,
645 So.2d 422, 424 (Fla.1994); Martin County v. Edenfield,
609 So.2d 27, 29 (Fla.1992). Further, the express terms of the Act provide that it "shall be liberally construed to further the general purposes stated in this section and the special purposes of the particular provision involved." §
760.01(3), Fla....
CopyCited 38 times | Published | Court of Appeals for the Eleventh Circuit | 78 Fed. R. Serv. 3d 1268, 2011 U.S. App. LEXIS 4591, 111 Fair Empl. Prac. Cas. (BNA) 1185, 2011 WL 782023
....
DUBINA, Chief Judge:
Appellant Mindy Slater appeals from the dismissal of her claims brought
pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq.
(Title VII), the Florida Civil Rights Act of 1992, Fla. Stat. § 760.01, et seq.
(FCRA), and the Florida Whistleblower Act, Fla....
CopyCited 33 times | Published | Supreme Court of Florida | 2005 WL 673677
...City of Gainesville,
768 So.2d 432, 435 (Fla. 2000). The Florida Civil Rights Act is a remedial statute that the Legislature has expressly provided is to be "liberally construed to further the general purposes" of the Act and the particular provisions involved. §
760.01(3), Fla....
...nts to comply with the presuit notice requirements of section
768.28(6). This conclusion is bolstered by the Legislature's statement of intent that the provisions of the Act are to be "liberally construed to further the general purposes" of the Act. §
760.01(3), Fla....
...ot be instituted on a claim against the state or one of its agencies or subdivisions unless the claimant presents the claim ... within 3 years after such claim accrues." [3] Section
760.11(1) provides in full: Any person aggrieved by a violation of ss.
760.01-760.10 may file a complaint with the commission [FCHR] within 365 days of the alleged violation, naming the employer, employment agency, labor organization, or joint labor-management committee, or, in the case of an alleged violation of s....
CopyCited 30 times | Published | Florida 1st District Court of Appeal | 1996 Fla. App. LEXIS 13591, 71 Empl. Prac. Dec. (CCH) 44, 927, 79 Fair Empl. Prac. Cas. (BNA) 1001, 1996 WL 720617
...Sondel's request for a formal hearing was received by the Commission and forwarded to the Division of Administrative Hearings (DOAH). Following an evidentiary hearing, the hearing officer rendered his recommended order finding FSU guilty of age discrimination in violation of the Florida Human Rights Act, sections
760.01-760.10, Florida Statutes, [1] and more specifically, the provisions of section
760.10 relating to unlawful employment practices....
...Sondel maintains that the hearing officer analyzed the case under both disparate treatment and disparate impact standards, and that the evidence *926 justifies the relief granted under either theory. The general purposes of the Florida Civil Rights Act of 1992, as stated in section 760.01(2), Florida Statutes, are to secure for all individuals within the state freedom from discrimination because of race, color, religion, sex, national origin, age, handicap, or marital status and thereby to protect their interest in pers...
...to the state their full productive capacities, to secure the state against domestic strife and unrest, to preserve the public safety, health, and general welfare, and to promote the interests, rights, and privileges of individuals within the state. Section 760.01(3) provides that the Florida Civil Rights Act shall be construed according to the fair import of its terms, "and shall be liberally construed to further the general purposes stated in this section and the special purposes of the partic...
...[10] As earlier noted, in view of our decision to reverse the order on appeal, we find it unnecessary to address the issues on cross-appeal. The order on appeal is REVERSED. BARFIELD, C.J., and KAHN, J., concur. NOTES [1] These sections are now part of the "Florida Civil Rights Act of 1992," sections
760.01
760.11, and
509.092, Florida Statutes (1995)....
CopyCited 26 times | Published | Florida 1st District Court of Appeal | 3 Am. Disabilities Cas. (BNA) 102, 1994 Fla. App. LEXIS 1695, 1994 WL 64952
...le to perform the essential functions of the job in question without endangering himself. Because competent, substantial evidence supports this finding, the order of dismissal is AFFIRMED. LAWRENCE, J., and SHIVERS, Senior Judge, concur. NOTES [1] §§ 760.01-.10, Fla....
...s designed "to secure for all individuals within the state freedom from discrimination because of race, color, religion, sex, national origin, age, handicap, or marital status and ... to make available to the state their full productive capacities." § 760.01(2) Fla....
CopyCited 21 times | Published | District Court, S.D. Florida | 1999 U.S. Dist. LEXIS 4592, 1999 WL 199512
...NOTES [1] Although Plaintiff requested that her Charge of Discrimination filed with the Equal Employment Opportunity Commission be dualfiled with the Florida Commission on Human Relations, Plaintiff has not alleged violations of the Florida Civil Rights Act of 1992, § 760.01, et seq., Fla.Stat....
CopyCited 18 times | Published | District Court, S.D. Florida | 1998 U.S. Dist. LEXIS 6632, 1998 WL 234585
...Zilpha Salmon, a guidance counselor at Eneida M. Hartner Elementary School, filed this action against the Dade County School Board pursuant to section 12112 of the Americans with Disabilities Act, 42 U.S.C. sections 12101 et seq., and the Florida Civil Rights Act, section 760.01, Fla....
CopyCited 17 times | Published | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 8251, 98 Fair Empl. Prac. Cas. (BNA) 459, 2006 WL 1458929
...a "narrow class of cases," provided for punitive damages in virtually all cases arising under the section; and (3) the legislature did so by silently adopting a negligence standard that has never applied to coworker harassment claims under the Act. Section 760.01(3) provides that the Act "shall be construed according to the fair import of its terms and shall be liberally *103 construed to further the general purposes stated in this section and the special purposes of the particular provision involved" (emphasis added). But the rule of liberal statutory construction in section 760.01(3) "guides the interpreter in making an interpretative choice when the text may reasonably be understood in more than one way....
...ssment; on the other hand, if the employer has made it obvious it has no real intention to stop harassment, the employee need not go through the wasted motion of another report. Woods,
274 F.3d at 299-301. [35] The Florida Civil Rights Act, sections
760.01-.11, Florida Statutes (2004), was, before 1992, named the Florida Human Rights Act....
CopyCited 15 times | Published | Court of Appeals for the Eleventh Circuit | 2007 WL 2693505
the Florida Civil Rights Act of 1992, Fla. Stat. §
760.01, et seq. ("FCRA"), and § 510 of the Employee Retirement
CopyCited 15 times | Published | District Court, S.D. Florida | 1 Am. Disabilities Cas. (BNA) 925, 1986 U.S. Dist. LEXIS 23064, 40 Empl. Prac. Dec. (CCH) 36, 308, 41 Fair Empl. Prac. Cas. (BNA) 406
...Stat.Ann. (West 1986), was intended to be the sole state remedy available to persons alleging discrimination by state entities. See Housing Authority v. Billingslea,
464 So.2d 1221, 1224 (5th Fla.Dist.Ct.App.1985) (Florida Human Rights Act of 1977, §
760.01-760.10, exists as an additional remedy against discrimination alongside §
112.042, Fla.Stat.Ann....
CopyCited 14 times | Published | Florida 1st District Court of Appeal
...The Florida Civil Rights Act of 1992
The Florida Civil Rights Act of 1992 (“FCRA”) is remedial legislation
designed “to secure for all individuals within the state freedom from discrimination
because of race, color, religion, sex, national origin, age, handicap, or marital
status.” § 760.01(2), Fla. Stat. (2012). By its express terms, the FCRA must be
liberally construed to further its general purposes and the special purposes of the
particular provision involved. § 760.01(3)....
CopyCited 12 times | Published | Court of Appeals for the Eleventh Circuit | 29 Am. Disabilities Cas. (BNA) 771, 2014 WL 1226847, 2014 U.S. App. LEXIS 5506
...summary judgment for Appellee Federal Express Corporation on his disability
discrimination claims under the Americans with Disabilities Act (“ADA”), 42
U.S.C. § 12101, et seq., and its Florida counterpart, the Florida Civil Rights Act
(“FCRA”), Fla. Stat. § 760.01, et seq....
CopyCited 12 times | Published | District Court, M.D. Florida | 2003 U.S. Dist. LEXIS 3801, 2003 WL 1191922
...Plaintiff filed an action in Florida state court against defendants, alleging unlawful discrimination against her "on the basis of her race, marital status and pregnancy in violation of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e, 42 U.S.C. § 1981, and the Florida Civil Rights Act of 1992 (the "FCRA"), section 760.01 et seq., Florida Statutes" (Doc....
CopyCited 12 times | Published | District Court, M.D. Florida | 1997 U.S. Dist. LEXIS 21168, 1997 WL 811562
...nd Florida Commission on Human Rights, Plaintiff filed the instant suit for damages and injunctive relief pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Title VII"), the Florida Civil Rights Act, F.S. § 760.01 et seq., and Florida's private sector "whistleblower" statute, F.S....
CopyCited 12 times | Published | District Court, S.D. Florida | 1996 U.S. Dist. LEXIS 14223, 70 Empl. Prac. Dec. (CCH) 44, 654, 76 Fair Empl. Prac. Cas. (BNA) 355, 1996 WL 550129
...The individual defendants' motion to dismiss punitive damage claims in Counts VI, VII and VIII (misnumbered IX) of the Second Amended Complaint (DE# 99) is GRANTED. 4. The individual defendants' request for oral argument on their motion to dismiss punitive damage claims (DE# 100) is DENIED. NOTES [1] Fla.Stat. § 760.01(3) states: "The Florida Civil Rights Act of 1992 shall be construed according to the fair import of its terms and shall be liberally construed to further the general purposes states in this section and the special purposes of the particular...
...§
509.092 (prohibiting discrimination in public lodging and public food service establishments by their "operators"). The Legislature's intent to make special provision for individual liability in these two specific situations is underscored by Fla.Stat. §
760.11: "Any person aggrieved by a violation of ss.
760.01-760.10 may file a complaint with the commission within 365 days of the alleged violation, naming the employer, employment agency, labor organization, or joint labor-management committee, or, in the case of an alleged violation of s....
CopyCited 11 times | Published | District Court, M.D. Florida | 1991 U.S. Dist. LEXIS 1666, 55 Empl. Prac. Dec. (CCH) 40, 588, 58 Fair Empl. Prac. Cas. (BNA) 750, 1991 WL 16677
...ORDER GRANTING MOTION FOR SUMMARY JUDGMENT KOVACHEVICH, District Judge. This is an action under the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. ("ADEA"), joined with a pendent state claim under the Florida Human Rights Act of 1977, Fla.Stat. § 760.01 et seq....
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 2000 WL 1880213
...ng to refile the case in state court. On May 19, 1999, appellant filed her complaint in the Fourth Judicial Circuit for Duval County, under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621, et seq., and the Florida Civil Rights Act, section 760.01, Florida Statutes....
CopyCited 10 times | Published | Supreme Court of Florida | 46 Empl. Prac. Dec. (CCH) 37, 881
...We disagree with that interpretation because it fails to take into consideration section
760.10, Florida Statutes (1985). Section
760.10, Florida Statutes (1985), is part of the Human Rights Act of 1977. This Act is intended to implement, in part, article I, section 2, of the Florida Constitution. [*] Cf. §
760.01(2), Fla....
...mployment of older persons based on their ability rather than age" and *1088 to "prohibit arbitrary age discrimination in employment." 29 U.S.C. § 621(b); e.g., Johnson v. Mayor of Baltimore,
472 U.S. 353,
105 S.Ct. 2717,
86 L.Ed.2d 286 (1985); cf. §
760.01(2), Fla. Stat. (1985). As remedial legislation, Florida's act should be liberally construed to promote its intended purpose. §
760.01(3), Fla....
CopyCited 10 times | Published | District Court, M.D. Florida | 1992 U.S. Dist. LEXIS 20731, 70 Fair Empl. Prac. Cas. (BNA) 121, 1992 WL 328648
...e count complaint against her former employer, Walt Disney World Co. ("Disney"), alleging claims of employment discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., the Florida Human Rights Act, Florida Statutes § 760.01 et seq., and a claim of intentional infliction of emotional distress....
CopyCited 10 times | Published | Court of Appeals for the Eleventh Circuit | 2005 U.S. App. LEXIS 7533, 86 Empl. Prac. Dec. (CCH) 41, 923, 95 Fair Empl. Prac. Cas. (BNA) 1148, 18 Fla. L. Weekly Fed. C 479
...ida
(May 2, 2005)
Before DUBINA, PRYOR and RONEY, Circuit Judges.
DUBINA, Circuit Judge:
In this racially hostile work environment action, brought under the Florida
Civil Rights Act (“FCRA”), Fla. Stat. § 760.01 et seq.,1 the defendant/appellant
Worldwide Flight Services, Inc....
...March 24, 2005) (“The Florida
Civil Rights Act is a remedial statute that the Legislature has expressly provided is
to be ‘liberally construed to further the general purposes’ of the Act and the
particular provisions involved.”) (citing Fla. Stat. § 760.01(3)); Woodham v....
CopyCited 10 times | Published | District Court, M.D. Florida | 2002 U.S. Dist. LEXIS 5275, 2002 WL 480903
...In her complaint, Plaintiff alleges that Defendant retaliated against her in *1296 violation of Title VII of the Civil Rights Act of 1964, as amended, Title 42, United States Code, Section 2000e, et seq. and the Florida Civil Rights Act of 1992, Florida Statutes, Section 760.01, et seq.; and that Defendant violated her constitutional rights under the First and Fourteenth Amendments of the United States Constitution in violation of Title 42, United States Code, Section 1983 and Article One, Section Four of the Florida Constitution, as it relates to free speech....
CopyCited 8 times | Published | District Court, S.D. Florida | 1998 U.S. Dist. LEXIS 8477, 1998 WL 310714
...created under this section of the Florida Constitution. Accordingly, *1356 Count XII is DISMISSED WITH PREJUDICE. Count XIII: Florida Civil Rights Act Hazel alleges in Count XIII that Clarke's conduct is a violation of the Florida Civil Rights Act. § 760.01 et seq....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 9 Am. Disabilities Cas. (BNA) 161, 1999 Fla. App. LEXIS 3425, 1999 WL 157251
...er grounds upon reh'g. In addition to tracking much of the language of Title VII, the stated purpose of the Florida Act is also in line with its federal counterpart. Compare H.R.Rep. No. 914, at _ (1964), reprinted in 1964 U.S.C.C.A.N. 2391, _, with § 760.01, Fla....
...ADA.") (citations omitted). Similarly, the Florida Civil Rights Act expressly provides that the Act "shall be liberally construed to further the general purposes stated in this section and the special purposes of the particular provision involved." § 760.01(3), Fla....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 10625, 2001 WL 844675
...that the information obtained establishes violations of the statutes" is a finding that there is not reasonable cause to believe that a violation of the Act has occurred which would trigger the thirtyfive-day restriction in section
760.11(7). Under section
760.01(3), Florida Statutes (1997), "[t]he Florida Civil Rights Act of 1992 shall be construed according to the fair import of its terms and shall be liberally construed to further the general purposes stated in this section and the special p...
...to the state their full productive capacities, to secure the state against domestic strife and unrest, to preserve the public safety, health, and general welfare, and to promote the interests, rights, and privileges of individuals within the state. § 760.01(2), Fla....
CopyCited 8 times | Published | District Court, S.D. Florida | 1997 U.S. Dist. LEXIS 22085, 1997 WL 854500
...[2] Fromm was also referred to as the Assistant Administrator for Nursing. [3] A genuine issue of material fact remains as to whether Trezona told Fromm during the September 10, 1993 meeting that she would be terminated if she did not resign. [4] Fromm also seeks relief under the Florida Civil Rights Act, Fla. Stat. § 760.01 et seq....
...In the present case, a genuine issue of material fact remains as to the actual date of Fromm's termination. [12] See Mears v. Gulfstream Aerospace Corp.,
905 F.Supp. 1075, 1081 (S.D.Ga.1995), aff'd,
87 F.3d 1331 (11th Cir.1996). [13] Fromm also pleads sexual discrimination under the Florida Civil Rights Act, Fla. Stat. §
760.01 et seq....
CopyCited 7 times | Published | Court of Appeals for the Eleventh Circuit | 1993 WL 358511
...§§
447.201, et seq., prescribes the rights of public employees, state, county, and city; creates a Public Relations Commission to adjudicate grievances unresolved by the employer and employee; and provides for judicial review by the state courts. Additionally, Fla.Stat. §
760.01, et seq., creates a Commission on Human Relations, which attempts to reconcile unlawful employment practices and provides for judicial remedies if necessary....
CopyCited 7 times | Published | District Court, S.D. Florida | 1999 U.S. Dist. LEXIS 5529, 1999 WL 228745
...ination and termination on account of a recognized disability. Plaintiff claims violations of Title I of the Americans With Disabilities Act, codified at 42 U.S.C. § 12101, et seq. (the "ADA"), and of the Florida Civil Rights Act of 1992, Fla.Stat. § 760.01, et seq....
CopyCited 7 times | Published | District Court, M.D. Florida | 2002 U.S. Dist. LEXIS 17858, 2002 WL 31104011
...Florida is a "deferral" state due to the provisions of the FCRA. See Maynard,
256 F.3d at 1262; Thomas v. Florida Power & Light Co.,
764 F.2d 768, 770 (11th Cir.1985). The statutes of Florida prohibit the unlawful employment practices of gender discrimination alleged by Thompson. See Fla. Stat. §
760.01....
CopyCited 7 times | Published | District Court, S.D. Florida | 1992 U.S. Dist. LEXIS 22023, 64 Empl. Prac. Dec. (CCH) 43, 015, 76 Fair Empl. Prac. Cas. (BNA) 725, 1992 WL 564888
...(Motion for Rehearing, D.E. # 60 at p. 9). Conclusion For these reasons, it is hereby ORDERED AND ADJUDGED that Plaintiff's Motion for Rehearing, New Trial and/or Amended Judgment is DENIED. DONE AND ORDERED. NOTES [1] The Florida Human Rights Act of 1977, Fla. Stat. 760.01 et seq....
CopyCited 7 times | Published | District Court, S.D. Florida | 2013 WL 1748789, 2013 U.S. Dist. LEXIS 57947
...ollege (“MDC”). Plaintiffs have filed a Complaint alleging that MDC discriminated against them on the basis of race, in violation of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e, and the Florida Civil Rights Act (“FCRA”), Fla. Stat. 760.01, et seq....
CopyCited 6 times | Published | District Court, S.D. Florida | 1997 U.S. Dist. LEXIS 15876, 1997 WL 629232
...d ("ADEA"), 29 U.S.C. § 621, et seq., the American with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq., the Family and Medical Leave Act of 1993 ("FMLA"), 29 U.S.C. § 2601 et seq. and the Florida Civil Rights Act of 1992 ("FCRA"), Fla. Stat. 760.01 et seq., which is premised on age and disability discrimination....
...basis to disbelieve defendant's ultimate reasons for terminating her. Therefore, NationsBank's motion for summary judgment on the ADEA claim is GRANTED. VI. FCRA CLAIMS Many courts have taken judicial notice of the fact that the FCRA, Fla. Stat. ch. 760.01760.11 (1995), is closely patterned after its federal equivalent....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1990 Fla. App. LEXIS 6939, 62 Empl. Prac. Dec. (CCH) 42, 403, 53 Fair Empl. Prac. Cas. (BNA) 1736, 1990 WL 132030
...hearing would be limited to the question of liability and that any other questions concerning the final disposition of the matter would be considered later if necessary. Mrs. Cook's complaint was filed pursuant to Florida's Human Rights Act of 1977. § 760.01(1), Fla....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2001 WL 575105
...We affirm and hold that Woodham was required to pursue the administrative remedies outlined in section
760.11(7), Florida Statute (1999), before bringing this action in circuit court. Facts Woodham, an African-American, filed an action against BCBS, her former employer, under the Florida Civil Rights Act, §§
760.01-.11, Fla....
...locked in at the clerk's office. The purpose of the Florida Civil Rights Act is "to secure for all individuals within the state freedom from discrimination because of race, color, religion, sex, national origin, age, handicap, or marital status...." § 760.01(1), Fla. Stat. (1999). The legislature has declared that the Act "shall be liberally construed to further the general purposes stated in this section...." § 760.01(3), Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 17271, 31 Fla. L. Weekly Fed. D 2576
...Annette Torres and Andrew L. Rodman of Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., Miami, for appellee. GROSS, J. Idalia Maldonado appeals an order granting summary final judgment in favor of Publix Supermarkets on her complaint for sexual harassment under section 760.01, et seq., Florida Statutes (2003), the Florida Civil Rights Act of 1992....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 23 I.E.R. Cas. (BNA) 1415, 2005 Fla. App. LEXIS 18803, 98 Fair Empl. Prac. Cas. (BNA) 766, 2005 WL 3179984
...provision. See §
448.103, Fla. Stat. (2004). The FCRA states that its purpose is "to secure for all individuals within the state freedom from discrimination because of race, color, religion, sex, national origin, age, handicap, or marital status." §
760.01(2), Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 22 I.E.R. Cas. (BNA) 216, 2004 Fla. App. LEXIS 17345, 2004 WL 2600496
...proprieties by the City's independent contractor towing company. While that litigation was still pending, the City fired Guess. Guess then filed an amended complaint, adding a claim for wrongful termination under the Florida Civil Rights Act (FCRA), § 760.01, et seq., Florida Statutes (2003)....
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit | 2000 U.S. App. LEXIS 3439, 77 Empl. Prac. Dec. (CCH) 46, 316, 82 Fair Empl. Prac. Cas. (BNA) 307
...See Kimel v. State of Florida Board of Regents,
139 F.3d
1426, 1428 (11th Cir.1998).
1
The plaintiff also alleged discrimination under Title VII of the Civil Rights Act of 1991, 42 U.S.C. §
2000e and the Florida Human Rights Act, Fla. Stat. §
760.01....
CopyCited 6 times | Published | District Court, S.D. Florida | 2005 U.S. Dist. LEXIS 4661, 2005 WL 668825
...The FCRA's purpose is "to secure for all individuals within the state freedom from discrimination because of race, color, religion, sex, national origin, age, handicap or marital status." See Woodham v. Blue Cross and Blue Shield of Florida, Inc.,
829 So.2d 891, 894 (Fla.2002) (citing Fla. Stat. §
760.01(2) (1999))....
CopyCited 6 times | Published | District Court, S.D. Florida | 1999 U.S. Dist. LEXIS 13063, 1999 WL 669550
...CONCLUSIONS OF LAW This action for alleged race-based discrimination in public accommodations, is brought pursuant to Title II of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000a et seq.; 42 U.S.C. § 1981; and the Florida Civil Rights Act of 1992, Section 760.01 et seq., Florida Statutes....
...Denny's to take greater action to ensure compliance with its public accommodations policies. For these reasons, the Court will award each Plaintiff $300 in compensatory damages on their claims under § 1981 and the Florida Civil Rights Act of 1992, Section 760.01 et seq., Florida Statutes....
CopyCited 5 times | Published | District Court, M.D. Florida | 2000 U.S. Dist. LEXIS 16242, 2000 WL 1676966
...onse affidavits filed on May 18, 2000. (Dkt.35). FACTUAL SUMMARY This action is brought pursuant to the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621, et seq., (ADEA), and the Florida Civil Rights Act of 1992, Fla. Stat. § 760.01, et seq., (FCRA)....
CopyCited 5 times | Published | District Court, M.D. Florida | 2012 WL 5193421, 2012 U.S. Dist. LEXIS 150747
...23, 29, 38.) Castro, a school psychologist formerly employed by the School Board, alleges that the School Board terminated his employment because of his age, in violation of the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. (“ADEA”), and the Florida Civil Rights Act, Fla. Stat. § 760.01 , et seq....
CopyCited 5 times | Published | District Court, S.D. Florida | 2013 WL 1290228, 2013 U.S. Dist. LEXIS 44649
...Plaintiffs Garrett and Travis Tel-fair sue their former employer, Federal Express Corporation (“FedEx”), alleging racial discrimination in violation of the Civil Rights Act of 1866, 42 U.S.C. § 1981 (Count 1) and the Florida Civil Rights Act of 1992 (FCRA), Fla. Stat. § 760.01 et seq. (Count 2), and religious discrimination and failure to accommodate in violation of the Florida Civil Rights Act of 1992 (FCRA), Fla. Stat., § 760.01 et seq....
CopyCited 5 times | Published | District Court, M.D. Florida | 1998 U.S. Dist. LEXIS 10210, 1998 WL 384698
...Accordingly, it is ORDERED that the Individual Defendants' Motion to Dismiss (Docket No. 13) is GRANTED, and that Defendant Southeastern's Motion to Dismiss Counts III, V, VI, and VII (Docket No. 12) is GRANTED. NOTES [1] The claim under Count I, specifically, is Discrimination in Employment, alleged under Fla. Stat. § 760.01 and The Civil Rights Act of 1964, known as 42 U.S.C....
CopyCited 5 times | Published | District Court, M.D. Florida | 1997 U.S. Dist. LEXIS 11137, 11 Fla. L. Weekly Fed. D 123
...rida pursuant to the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621, et seq.; the Fair Labor Standards Act, 29 U.S.C. § 216(b); and a Florida-only class action pursuant to the Florida Civil Rights Act of 1992, Florida *1037 Statute § 760.01, et seq....
CopyCited 5 times | Published | District Court, S.D. Florida | 2002 U.S. Dist. LEXIS 14783, 2002 WL 1787953
...the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, 42 U.S.C.A. § 2000e, et. seq.; the Age Discrimination Employment Act ("ADEA"), 29 U.S.C. § 621, et seq., and the Florida Civil Rights Act of 1992 ("FCRA"), Florida Statutes § 760.01, et....
CopyCited 5 times | Published | District Court, M.D. Florida | 1994 U.S. Dist. LEXIS 780, 71 Fair Empl. Prac. Cas. (BNA) 309, 65 Empl. Prac. Dec. (CCH) 43, 337, 1994 WL 25368
..., and June 16, 1993. This action is brought pursuant to the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621 et seq. (1988) ("ADEA"), joined with a pendent state claim under the Florida Human Rights Act of 1977, as amended, § 760.01 et seq., Florida Statutes (1991) ("FHRA")....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1999 Fla. App. LEXIS 4622, 1999 WL 71523
...E ANY DETERMINATION AS TO "REASONABLE CAUSE" WITHIN 180 DAYS AS CONTEMPLATED IN SECTION
760.11(8), FLORIDA STATUTES (1995), SO THAT AN ACTION FILED BEYOND THE ONE-YEAR PERIOD IS TIME-BARRED? AFFIRMED. BOOTH and ALLEN, JJ., CONCUR. NOTES [1] Sections
760.01-760.11 and
509.092, Florida Statutes, are known as the "Florida Civil Rights Act of 1992" ("the Act"). §
760.01(1), Fla....
CopyCited 5 times | Published | District Court, M.D. Florida | 1998 U.S. Dist. LEXIS 2661, 1998 WL 81884
...urt but only if the State or local authority has the power to grant or seek relief from such [discriminatory] practice. Defendant argues that the State of Florida, pursuant to the Florida Civil Rights Act of 1992 ("Florida Act"), [2] Fla. Stat. §§
760.01-760.11,
509.092, has created such an authority, the Florida Commission on Human Relations ("Florida Commission"), which is empowered to "receive, initiate, seek to conciliate, hold hearings on, and act upon complaints alleging discriminatory practice." Fla....
...on or segregation on the ground of race, color, religion, or national origin. 42 U.S.C. § 2000a. [2] The Florida Act was enacted "to secure for all individuals within the state freedom from discrimination because of race [or] color ...." Fla. Stat. § 760.01....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2006 WL 229044
...[1] Gallagher argues that the $100,000 cap applies only to compensatory damages and not to other monetary awards available under section
760.11(5). Gallagher contends the statutory provisions regarding the cap are ambiguous and should be interpreted liberally in favor of civil rights plaintiffs, as required by section
760.01(3)....
...Instead, the statute's plain and ordinary meaning must control, unless this leads to an unreasonable result or a result clearly contrary to legislative intent. State v. Burris,
875 So.2d 408, 410 (Fla. 2004) (citations omitted). The rule of liberal statutory construction in section
760.01(3)like other rules of constructioncomes into play only when there is some ambiguity in the statutory text....
...of compensatory damages of $230,000, back pay of $20,000, attorneys' fees of $291,743.75, and costs and expenses of $18,282.50. [2] Fla. H.R. Comm. on Jud., CS for SB 1368 and 72 (1992) Staff Analysis (final April 13, 1992) (on file with comm.). [3] Section 760.01(3) provides: "The Florida Civil Rights Act of 1992 shall be construed according to the fair import of its terms and shall be liberally construed to further the general purposes stated in this section and the special purposes of the particular provision involved. " (Emphasis added.) Section 760.01(2) sets forth the general purpose of the Act "to secure for all individuals within the state freedom from [invidious] discrimination." The statutory formulation itself recognizes that the construction of the statute must be "according...
CopyCited 5 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 95414, 2008 WL 4150221
...Luna, claiming to be disabled because of her inability to stand for long periods of time, filed this action alleging that Walgreens failed to accommodate her and retaliated against her in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12102, et seq., the Florida Civil Rights Act (FCRA), Fla. Stat. § 760.01 et seq., and the Florida Whistleblower's Act (FWA), Fla....
CopyCited 4 times | Published | District Court, M.D. Florida | 1997 U.S. Dist. LEXIS 16394, 1997 WL 655981
...provide sufficient factual grounds for his claims. Therefore, the Court grants Defendant's Motion to Dismiss on the § 1983 claim (Count III), with leave to file an amended complaint within ten days. F. Failure to State a Cause of Action under FS §§ 760.01-760.11 Defendant contends that Plaintiff fails to state the elements of a cause of action of racial discrimination pursuant to § 760.01 et seq., Florida Statutes....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2002 WL 429241
...hich would have otherwise required her to timely seek an administrative hearing. The trial court sided with Phoenix and entered summary judgment in its favor. On appeal, the second district reversed. Of import to the instant appeal, it opined, Under section 760.01(3), Florida Statutes (1997), "[t]he Florida Civil Rights Act of 1992 shall be construed according to the fair import of its terms and shall be liberally construed to further the general purposes stated in this section and the special p...
...As neither party disputes that White complied with this restriction, we hold reversal is required. To the extent our decision conflicts with Woodham, we certify conflict. REVERSED and REMANDED with directions to reinstate the claims alleged in White's complaint. HAZOURI and MAY, JJ., concur. NOTES [1] §§ 760.01-760.11, Fla....
CopyCited 4 times | Published | District Court, M.D. Florida | 2004 U.S. Dist. LEXIS 3671, 84 Empl. Prac. Dec. (CCH) 41, 610, 2004 WL 415219
...Pursuant to 28 U.S.C. §§ 1332, 1441, and 1446, and Local Rule 4.02, Lincoln removed the action to this court. Ms. Lemmon alleges that she was discriminated against because of her age in violation of the Florida Civil Rights Act of 1992, Fla. Stat. § 760.01 et....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2008 Fla. App. LEXIS 18071, 105 Fair Empl. Prac. Cas. (BNA) 672, 2008 WL 5070282
...ire department. Carsillo initially objected and took some vacation days rather than accept the assignment, but ultimately returned to light duty assignments in other departments. This lawsuit, which Carsillo filed under the Florida Civil Rights Act, section 760.01-10, Florida Statutes (2004) (FCRA), alleged discrimination in that other employees with physical restrictions had been accommodated with light duty in the fire department....
...tion prohibited in Florida since 1972 included discrimination based on pregnancy. This conclusion is also consistent with the expressed intent of our legislature that our statute is to be liberally construed for victims of employment discrimination. § 760.01(3), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 20008, 2009 WL 4928032
...Nova terminated her employment in 2005 for failure to comply with an earlier written final warning and for negligence and inefficiency, as well as other grounds. Jacobson sued Nova in 2007, alleging that she was terminated in a discriminatory manner on the basis of a disability in violation of the Florida Civil Rights Act, section
760.01, Florida Statutes, and that her termination was retaliatory and thus violative of the Florida Whistleblower Act, section
448.101, Florida Statutes....
CopyCited 4 times | Published | District Court, S.D. Florida | 1996 U.S. Dist. LEXIS 21066, 84 Fair Empl. Prac. Cas. (BNA) 399, 1996 WL 913071
...oyer Althin Medical, Inc. ("Althin Medical"), a manufacturer of kidney dialysis equipment, for alleged violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., 42 U.S.C. § 1981 and the Florida Civil Rights Act of 1992, § 760.01, Fla.Stat....
...atory act within the limitations period there is no continuing violation. Ross,
980 F.2d at 659 n. 17. In the case at bar, Paldano cannot rely on the continuing violation theory to resurrect his untimely failure to promote claims under Title VII and §
760.01 Fla.Stat....
CopyCited 4 times | Published | District Court, S.D. Florida | 1996 WL 767540
...In his Second Amended Complaint, Plaintiff Arthur Carlson ("Carlson") claims Defendant WPLG/TV-10 ("WPLG") violated the Age Discrimination in Employment Act of 1967 ("ADEA"), 29 U.S.C. § 621, as amended, and the Florida Civil Rights Act of 1992, Florida Statutes § 760.01, et seq., as amended, when it decided not to renew his contract as news anchor and then constructively discharged him due to his age....
...In his Second Amended Complaint, Plaintiff Arthur Carlson ("Carlson") claims Defendant WPLG/TV-10 ("WPLG") violated the Age Discrimination In Employment Act of 1967 ("ADEA"), 29 U.S.C. § 621, as amended, and the Florida Civil Rights Act of 1992, Florida Statutes § 760.01, et seq., as amended, when it terminated him from his anchor position due to his age....
CopyCited 4 times | Published | District Court, M.D. Florida | 2004 U.S. Dist. LEXIS 21080, 2004 WL 2382517
...Specifically, Footman claims that the restaurant maintained a public accommodation with facilities that he could not access in a wheelchair in violation of Title III of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12181 et seq.; Fla. Stat. 760.01 et seq., Florida Civil Rights Act ("FCRA") On March 22, 2004, the Honorable Anne C....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 15999, 2009 WL 3430175
...these definitions into chapter 440. Compare §
112.044(1), Fla. Stat. (2006) (stating the legislative intent is "to promote employment of older persons based on ability rather than age and to prohibit arbitrary age discrimination in employment") and §
760.01(2), Fla....
CopyCited 3 times | Published | District Court, M.D. Florida | 2001 U.S. Dist. LEXIS 23906, 88 Fair Empl. Prac. Cas. (BNA) 757, 2001 WL 1843381
...Defendant now seeks dismissal of the remaining Counts of the Complaint, claiming sexual harassment in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e, et seq. (Count I), violation of the Florida Civil Rights Act of 1992 ("FCRA"), Fla.Stat. § 760.01 et seq....
CopyCited 3 times | Published | District Court, M.D. Florida | 2017 WL 1165550, 2017 U.S. Dist. LEXIS 46400
...ndicap, discrimination based on his allegedly wrongful termination in violation of the Americans with Disabilities Act (ADA) of 1990 (ADA), 104 Stat. 327 , as amended, 42 U.S.C. § 12101 et seq., 2 and the Florida Civil Rights Act (FCRA), Fla. Stat. § 760.01 , et....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 8999, 2001 WL 725980
...In this age discrimination action, Dorothy Dixon appeals the final summary judgment entered by the trial court in favor of her former employer, Sprint-Florida, Inc. We reverse. Age discrimination claims are governed by the Florida Civil Rights Act of 1992. See § 760.01, et seq., Fla....
CopyCited 3 times | Published | District Court, M.D. Florida | 1999 U.S. Dist. LEXIS 9950, 1999 WL 454657
...See Degitz v. Southern Management Servs., Inc.,
996 F.Supp. 1451 (M.D.Fla.1998), citing Sparks v. Pilot Freight Carriers, Inc.,
830 F.2d 1554, 1557 (11th Cir.1987). Defendant City states that this burden of proof is applicable to claims brought under section
760.01, Florida Statutes (1995) as well as those brought under Title VII....
CopyCited 3 times | Published | District Court, M.D. Florida | 1997 U.S. Dist. LEXIS 22639, 1997 WL 842961
...96. In count I, Lemay claims a violation of 29 U.S.C. § 623(a)(1), the Age Discrimination in Employment Act ("ADEA"). (Dkt. 2 at 5). Count II alleges that the Defendant, Budget Rent a Car ("Budget"), is liable for age discrimination under Fla.Stat. § 760.01 et seq., the Florida Civil Rights Act of 1992 ("FCRA")....
CopyCited 3 times | Published | District Court, M.D. Florida | 2006 U.S. Dist. LEXIS 3748, 2006 WL 229503
...Cairns, McGuirewoods LLP, Jacksonville, FL, for Defendant. ORDER PRESNELL, District Judge. The Plaintiff, Edward Duffy ("Duffy") has sued Lowe's Home Centers, Inc. ("Lowe's") for age discrimination under the Florida Civil Rights Act, Florida Statutes section 760.01, et seq....
CopyCited 3 times | Published | District Court, M.D. Florida | 2004 U.S. Dist. LEXIS 7473, 93 Fair Empl. Prac. Cas. (BNA) 1371, 2004 WL 943866
...In her third amended complaint, Plaintiff alleges that the City: (1) negligently retained Chin; (2) violated Title VII by allowing her to be sexually harassed by her supervisor and retaliating against her; (3) violated the Florida Civil Rights Act, Fla. Stat. § 760.01, et seq....
CopyCited 2 times | Published | District Court, S.D. Florida | 1997 U.S. Dist. LEXIS 19140, 75 Fair Empl. Prac. Cas. (BNA) 659, 1997 WL 706644
...Mount Sinai's Motion. BACKGROUND [1] Plaintiff Stella Kounelis ("Kounelis") sues Mount Sinai for alleged violations of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 et seq., and the Florida Civil Rights Act ("FCRA"), Fla. Stat. § 760.01 et seq....
CopyCited 2 times | Published | District Court, M.D. Florida | 2005 U.S. Dist. LEXIS 28414, 2005 WL 2663497
...Further, Counts II and III of Plaintiff's complaint are dismissed without prejudice pursuant to Rule 12(b)(1), Fed.R.Civ.P., as to Defendants John E. Potter, Postmaster General, and United States Postal Service. Count IV Plaintiff asserts that the named Defendants have violated the Florida Civil Rights Act of 1992 (Chapter 760.01-760.11)....
...ir full productive capacities, to secure the state against domestic strife and unrest, to preserve the public safety, health, and general welfare, and *1160 to promote the interests, rights, and privileges of individuals within the state. (Fla.Stat. § 760.01(2))....
CopyCited 2 times | Published | District Court, S.D. Florida | 2016 U.S. Dist. LEXIS 153424, 2016 WL 6565935
...Discussion Diaz’s Amended Complaint asserts four (4) counts: pregnancy discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”), as amended by the Pregnancy Discrimination Act of 1978 (“PDA”), and the Florida Civil Rights Act of 1992, Fla. Stat. 760.01 et seq....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit
...Jean Miles, in an action alleging race' discrimination and retaliation under Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. §§ 2000e-2(a)(l), 2000e-3(a); 42 U.S.C. § 1981 ; and the Florida Civil Rights Act of 1992 (FCRA), Fla. Stat. § 760.01 et seq....
CopyCited 2 times | Published | District Court, S.D. Florida | 2013 WL 1223588, 2013 U.S. Dist. LEXIS 45003, 120 Fair Empl. Prac. Cas. (BNA) 1412
...BACKGROUND 2 Plaintiff asserted claims against Defendant City of Miami Beach, Florida for sexual harassment and retaliation pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. and the Florida Civil Rights Act, Fla. Stat. § 760.01 et seq....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1998 WL 412955
...both parties advance conflicting interpretations. 15 Mr. Donato argues that the term "marital status" in the Act is ambiguous and must be construed broadly so as to effectuate the purpose of the Act (i.e. to prohibit discrimination). See Fla. Stat. § 760.01 (3) (Act must be "liberally construed to further the general purposes stated in this section and the special purposes of the particular provision involved.")....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2014 WL 55043, 2014 Fla. App. LEXIS 193, 121 Fair Empl. Prac. Cas. (BNA) 1157
...Johnson was issued two separate formal warnings regarding her conduct, and then was eventually terminated in December 2009 when she allegedly showed up to work late, dressed inappropriately, and with a bad attitude. Johnson subsequently brought the underlying suit under the Florida Civil Rights Act of 1992, section 760.01 et seq., Florida Statutes (2009) (“FCRA”), claiming that she was terminated due to her race in violation of the FCRA....
CopyCited 2 times | Published | District Court, M.D. Florida | 2008 U.S. Dist. LEXIS 1368
...asonable juror could find for the non-moving party. Id. Discussion Plaintiff brings her discrimination claims pursuant to the Americans with Disabilities Act (ADA), 42 U.S.C. 12111 et seq., and the Florida Civil Rights Act of 1992 (FCRA), Fla. Stat. § 760.01 et seq....
...(Dkt.1, ¶ 52, 57). Plaintiff brings her retaliation claims pursuant to Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, 42 U.S.C. § 2000e(b) et seq., and the Florida Civil Rights Act of 1992 (FCRA), Fla. Stat. § 760.01 et seq....
CopyCited 2 times | Published | District Court, M.D. Florida | 1998 U.S. Dist. LEXIS 5217, 1998 WL 181961
...The FCHR has the power to "act upon complaints alleging any discriminatory practice[] as defined by the Civil Rights Act of 1992." Fla. Stat §
760.06(5). The FCRA also mandates that it shall be construed "liberally" and according to the "fair import of its terms." Id. §
760.01(3)....
CopyCited 2 times | Published | District Court, M.D. Florida | 12 Am. Disabilities Cas. (BNA) 1396, 2002 U.S. Dist. LEXIS 1912, 2002 WL 185543
...0.11(7)) as well as the "failed to determine" category (§
760.11(8)) of the FCRA. Since it falls under both categories, the one that provides the more permissive procedural requirements in favor of Plaintiff is to be applied, according to the FCRA. §
760.01(3) Fla.Stat....
...ed against employers of fifteen (15) or more employees occurring within the State of Florida based on race, color, religion, sex, national origin, age, handicap or marital status pursuant to the Florida Civil Rights Act of 1992, as amended (Sections 760.01-760.11, Florida Statutes)....
...d against employers of Fifteen (15) or more employees occurring within the State of Florida based on age, race, sex, color, marital status, religion, national origin and handicap pursuant to the Florida Civil Rights Act of 1992, as amended (Sections 760.01-760.11, Florida Statutes)....
CopyCited 2 times | Published | District Court, S.D. Florida | 2008 WL 821651
...t in Miami-Dade County, Florida. Florence Verna v. Public Health Trust of Miami-Dade County d/b/a Jackson Memorial Hospital, case no. 05-15887-CA-08. ( Id. at ¶ 31). Verna's complaint asserted claims based on the Florida Civil Rights Act, Fla. Stat § 760.01 et seq....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 20221, 2010 WL 5306523
...od for consumption on the premises'" and that hospital cafeterias are not a destination dining establishment; rather, such cafeterias are a business necessity, and this "does not transform the hospital into a place of public accommodation." Analysis Section 760.01(2), Florida Statutes, explains that the "general purposes" of the Act are to secure for all individuals within the state freedom from discrimination because of race, color, religion, sex, national origin, age, handicap, or marital stat...
...termination of that question. Only then will this matter be ready for appellate review. Conclusion Based on the foregoing, we REVERSE and REMAND for proceedings consistent with this opinion. BENTON, C.J., and DAVIS, J., concur. NOTES [1] Pursuant to section
760.01(1), Florida Statutes: "Sections
760.01-760.11 and
509.092 shall be cited as the `Florida Civil Rights Act of 1992.'"
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 22 Am. Disabilities Cas. (BNA) 1445, 2009 Fla. App. LEXIS 18431, 2009 WL 4282945
...a Omnibus Aids Act, Fla. Stat. §
760.50, prohibits employers from discharging an employee or otherwise discriminating against any employee on the basis of knowledge or a belief that the employee has HIV. [3] The Florida Civil Rights Act, Fla. Stat. §
760.01 et seq., prohibits employers from discharging or otherwise discriminating against any employee with a "handicap" because of the employee's "handicap." [4] We reject BT Foods' position that Byrd failed to preserve this issue by later stipulating to admission of the entire EEOC file, including the determination letters....
CopyCited 2 times | Published | District Court, M.D. Florida | 2010 U.S. Dist. LEXIS 80192, 2010 WL 3069508
...#19), is the operative complaint, and it contains the following allegations against Defendant: (1) race and gender discrimination in violation Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, 42 U.S.C. § 1981, 42 U.S.C. § 1983, and the Florida Civil Rights Act, Florida Statute Section 760.01; (2) age discrimination in violation of the Age Discrimination in Employment Act, 29 U.S.C....
CopyCited 2 times | Published | District Court, S.D. Florida | 2005 U.S. Dist. LEXIS 14358, 2005 WL 1330652
...l assume the testimony states Wallace retrieved the right to sue letter five to seven days after she received the notice from the Post Office, which was labeled a second notice. [2] Case law interpreting Title VII is applicable to claims under FCRA, § 760.01 et....
CopyCited 2 times | Published | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 246, 2014 WL 1491497, 2014 Fla. LEXIS 1316, 122 Fair Empl. Prac. Cas. (BNA) 707
...which is a natural condition and primary characteristic unique to the female sex.
§
760.10(1)(a), Fla. Stat. We conclude that this construction of the statute is
consistent with legislative intent, as expressed in the FCRA itself, that the FCRA
“shall be liberally construed.” §
760.01(3), Fla....
...In support of its interpretation, the Fourth District cited to the
statement of legislative intent found within the FCRA, which states that the FCRA
“is to be liberally construed for victims of employment discrimination.” Id. at
1121 (citing § 760.01(3), Fla....
...Legislature’s intent, looking first to the actual language used in the statute and its
plain meaning.” Trinidad v. Fla. Peninsula Ins. Co.,
121 So. 3d 433, 439 (Fla.
2013). Moreover, as to construing the FCRA specifically, this Court is guided by
the stated statutory purpose in section
760.01(3), Florida Statutes, which provides
that “[t]he Florida Civil Rights Act of 1992 shall be construed according to the fair
import of its terms and shall be liberally construed to further the general purposes
stated in this section and the special purposes of the particular provision involved.”
§
760.01(3), Fla. Stat. (2011); see also Maggio,
899 So. 2d at 1077; Woodham v.
Blue Cross & Blue Shield of Fla., Inc.,
829 So. 2d 891, 897 (Fla. 2002). As to the
purposes of the FCRA, section
760.01(2), Florida Statutes, explains that “[t]he
general purposes of the Florida Civil Rights Act of 1992 are to secure for all
individuals within the state freedom from discrimination because of race, color,
religion, sex, national origin, age, handicap, or marital status . . . .” §
760.01(2),
Fla....
...unique to only one sex and that arises “because of [an] individual’s . . . sex.”
§
760.10(1)(a), Fla. Stat.
Liberally construing the FCRA to further its purpose to ensure that the
women of this state are free from discrimination based on their sex, §
760.01(2)-
-8-
(3), Fla....
...inconsistent with
legislative intent, as expressed in the FCRA itself, that the FCRA “shall be
liberally construed” to further its purpose “to secure for all individuals within the
state freedom from discrimination because of . . . sex.” § 760.01(2)-(3), Fla....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 1988 U.S. App. LEXIS 12165, 47 Empl. Prac. Dec. (CCH) 38, 306, 47 Fair Empl. Prac. Cas. (BNA) 1405, 1988 WL 85918
...tion at the time such statement is sent by registered mail to the appropriate State authority. (Emphasis in original). Florida has an age discrimination law which establishes FCHR to investigate and act upon age discrimination charges. Fla.Stat.Ann. § 760.01 et seq....
...sed by McKelvy in his *450 cross-appeal. We find that they are without merit and warrant no discussion. . See footnote 8, infra. . The court did grant summary judgment as to McKelvy’s pendent claim under the Florida Human Rights Act, Fla.Stat.Ann. § 760.01 et seq., on statute of limitations grounds....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...ir full
productive capacities, to secure the state against
domestic strife and unrest, to preserve the public safety,
health, and general welfare, and to promote the interests,
rights, and privileges of individuals within the state.
§ 760.01(2), Fla....
CopyCited 1 times | Published | District Court, S.D. Florida | 1999 U.S. Dist. LEXIS 17762, 1999 WL 1051278
...Hilaire, ("St.Hilaire"), filed this lawsuit against his former employer, the Pep BoysManny, Moe and Jack, alleging that they violated Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq. ) (hereafter Title VII); 42 U.S.C. § 1981 (hereafter § 1981); The Florida Civil Rights Act of 1992, (Fla.Stat. § 760.01 et seq....
CopyCited 1 times | Published | District Court, M.D. Florida | 59 Employee Benefits Cas. (BNA) 2193, 31 Am. Disabilities Cas. (BNA) 282, 2014 U.S. Dist. LEXIS 150227, 2014 WL 5420811
...§§ 2614-2615 ; retaliation arising under the FMLA; retaliation arising under the Employment Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1001 et seq.; handicap discrimination under the Florida Civil Rights Act (“FCRA”); Fla. Stat. § 760.01 et seq.; gender discrimination under the FCRA; retaliation arising under the FCRA; unpaid wages under Florida common law; and minimum wage violations under the Fair Labor Standards Act (“FLSA”), 29 U.S.C....
CopyCited 1 times | Published | District Court, S.D. Florida | 2013 WL 5954388, 2013 U.S. Dist. LEXIS 158873, 120 Fair Empl. Prac. Cas. (BNA) 1134
(Count I), and the Florida Civil Rights Act, Fla. Stat. 760-01 et seq. (“FCRA”) (Count II). D.E. 1 at 6-8
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 6675, 2003 WL 21012701
...The charge alleged that the Cleveland Clinic Florida, Inc. [“the Clinic”] discriminated against her on the bases of her sex and age, in violation of: (1) Title VII of the federal Civil Rights Act of 1964, as amended [the federal law]; (2) the Florida Civil Rights Act, §§ 760.01-11, Fla....
...Santini, instead, only filed her charge with the local agency which was not authorized by statute to file the charge on her behalf at the state level. The statutory language instructs otherwise. Under section
760.11(1), Florida Statutes, “Amy person aggrieved by a violation of §
760.01-760.10 may file a complaint with the state commission within 365 days of the alleged violation, naming the employer ......
...f Rights received by a *1034 civil rights claimant satisfied the requirements of notice of a “no cause” determination under Florida’s Civil Rights Act. In Woodham , the Court settled this issue by focusing on the Legislature’s requirement in § 760.01(3), Fla....
...inst discrimination.” Id. at 896 (citing Cisko v. Phoenix Med. Prods., Inc.,
797 So.2d 11, 13 (Fla. 2d DCA 2001)); cf. White v. City of Pompano Beach,
813 So.2d 1003 (Fla. 4th DCA 2002) (federal Form 161 failed to satisfy the notice requirement of §
760.01(3) because the federal form did not determine if such reasonable cause existed.) Under this public policy purpose the Court stressed that “because §
760.11(7) purports to abridge an individual’s right to access to the courts, that sect...
CopyCited 1 times | Published | District Court, S.D. Florida | 1998 U.S. Dist. LEXIS 8518, 1998 WL 310712
...Count I of the Complaint alleges that MMHS violated Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. by creating an intimidating, hostile and sexually offensive work environment. Count II alleges that MMHS violated the Florida Civil Rights Act, as amended, Fla. Stat. § 760.01 et seq....
CopyCited 1 times | Published | District Court, M.D. Florida
...Stephen brings claims for violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e(2) and (3)(a) et seq. (“Title VII”), the Civil Rights Act of 1866, 42 U.S.C. § 1981 (“§ 1981”), and the Florida Civil Rights Act, Fla. Stat. § 760.01 et seq....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2005 Fla. App. LEXIS 4353, 2005 WL 713784
...On December 3, 2001, Jackson filed with the Commission a Charge of Discrimination against Worldwide Flight Services, Inc. On May 22, 2002, 170 days later, he filed a civil action alleging racial discrimination in violation of the Florida Civil Rights Act of 1992, §§ 760.01-760.11, Fla....
...02-21757-Civ-JORDAN, order at 2 (S.D.Fla. Dec. 19, 2003); see also Webb v. Worldwide Flight Services, Inc., No. 02-21758-Civ-ALTONAGA, order at 4 (S.D.Fla. Dec. 9, 2003). The Commission's practice of resuming jurisdiction is consistent with the purposes of the statute, see § 760.01, Fla....
CopyCited 1 times | Published | District Court, M.D. Florida | 2012 U.S. Dist. LEXIS 90314, 2012 WL 2511438
ORDER WILLIAM TERRELL HODGES, District Judge. Plaintiff Richard Samson has filed claims under the Americans With Disabilities Act, 42 U.S.C. § 12101 , et seq. (“ADA”) and the Florida Civil Rights Act, Fla. Stat. § 760.01 , et seq....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
...(“Del-Jen”), and J & J Maintenance, Inc. (“J & J”), in their employment discrimination and retaliation suit under the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 623 , and the Florida Civil Rights Act (“FCRA”), Fla. Stat. § 760.01 ....
CopyCited 1 times | Published | District Court, S.D. Florida
...ctices until terminating Edgecombe in September 2016. Id. at ¶¶ 182, 201. Each of these plaintiffs allege discrimination and infliction of emotional distress by Lowes, in violation of the Florida Civil Rights Act of 1992 ("FCRA"). Florida Statutes § 760.01 et seq....
CopyCited 1 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 49992, 2007 WL 2021953
...The EEOC investigation resulted in a "no cause" finding. In November, 2005, Murdick filed an action in the Circuit Court of the Sixth Judicial Circuit In and For Pinellas County, Florida, for Violation of the Florida Civil Rights Act of 1992, Fla. Stat. § 760.01-760.11 (2001), and for Violation of the Federal Civil Rights Act of 1964, 42 U.S.C....
CopyCited 1 times | Published | District Court, M.D. Florida | 1999 U.S. Dist. LEXIS 2103, 1999 WL 101376
...1-448.105, Florida Statutes (1995)." Id. Judge Lazzara ruled that "any remedy the plaintiff had for the alleged retaliatory conduct must be pursued under the specific anti-retaliation provisions of Title VII and the Florida Civil Rights Act of 1992, section 760.01-760.11, Florida Statutes (1995)." Id....
CopyCited 1 times | Published | District Court, N.D. Florida | 2012 WL 6194872, 2012 U.S. Dist. LEXIS 175837, 120 Fair Empl. Prac. Cas. (BNA) 1533
...us.” Fla. Stat. §
760.10 (l)(a). The term “sex” is not explicitly defined. However, the Florida legislature expressly declared that the FCRA “shall be liberally construed to further the general purposes stated in this section.” Fla. Stat. §
760.01 (3); see also Woodham,
829 So.2d at 894 ....
CopyCited 1 times | Published | District Court, S.D. Florida | 2015 U.S. Dist. LEXIS 112521, 2015 WL 5016618
...Gonzalez”) brings this action against Defendant State of Florida Department of Management Services (“Defendant” or “DMS”) to recover damages for violations of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e, et seq. and the Florida Civil Rights Act of 1992 (“FCRA”), Fla. Stat. § 760.01 ....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2008 WL 3540213
...attorney's fees and costs. We begin with the stated purpose of the FCRA, which is "to secure for all individuals within the state freedom from discrimination because of race, color, religion, sex, national origin, age, handicap, or marital status." § 760.01(2), Florida Statutes (2005). The FCRA is a remedial statute that the Legislature has expressly provided to be "liberally construed to further the general purposes" of the Act and the particular provisions involved. § 760.01(3), Florida Statutes (2005)....
CopyCited 1 times | Published | District Court, M.D. Florida | 2002 U.S. Dist. LEXIS 21043, 2002 WL 2012043
...In Count VII, Plaintiff sues Defendant Donald Brown (maintenance worker for the City of Clearwater) individually for battery. Defendant City of Clearwater's Motion to Dismiss Counts II & IV The City of Clearwater seeks dismissal of Counts II and IV (Plaintiff's claims under the Florida Civil Rights Act ("FCRA"), § 760.01 et seq, Fla....
CopyCited 1 times | Published | District Court, M.D. Florida | 2001 U.S. Dist. LEXIS 5306, 2001 WL 432390
...Plaintiff contends that the actions of the Teamsters and Local 79 were racially motivated, and constitute discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Florida Civil Rights Act, Florida Statutes § 760.01 et seq....
...Plaintiff pursued his claim through the EEOC, and received a right to sue letter in April, 1999. Plaintiff further claims that the Teamsters and Local 79 violated Title VII of the Civil Rights Act of 1964 (42 U.S.C. Section 2000e et seq.) and the Florida Civil Rights Act (Florida Statutes Section 760.01 et....
CopyPublished | Florida 4th District Court of Appeal
covers only “[s]ections
760.01-760.11 and
509.092.” §
760.01(1), Fla. Stat. (2024). In sum, Fair Housing
CopyPublished | Florida 1st District Court of Appeal | 1993 Fla. App. LEXIS 9224, 1993 WL 347689
...In School Board of Leon County v. Weaver,
556 So.2d 443 (Fla. 1st DCA 1990), we affirmed in all respects, except one, the FCHR's administrative order which found that the Board had committed an unlawful employment practice in violation of sections
760.01-.10, Florida Statutes (1985), the "Human Rights Act of 1977," by failing to hire Dr....
..."Different types of cases require different criteria to achieve the legislative or court objective in authorizing the setting of a reasonable attorney's fee." Quanstrom,
555 So.2d at 828. Accordingly, we find that the Commission did not depart from the discretion vested in it by statute, section
760.01, Florida Statutes (1985), to award "reasonable attorney's fees," by applying a contingency multiplier of one and one-half to the lodestar fee....
CopyPublished | District Court, M.D. Florida | 1997 U.S. Dist. LEXIS 19152, 1997 WL 793317
...1) alleging violations of the Age Discrimination in Employment Act of 1967, as amended,- 29 U.S.C. § 621 , et seq. (the “ADEA”), Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-3 (“Title VII”), and the Florida Civil Rights Act of 1992, as amended, F.S. § 760.01, et seq....
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
...ent on either federal legislative provisions or local codes or ordinances which may deal with these subjects. 1 The discussion of your questions is limited to a consideration of the provisions of Chapter 760 , Florida Statutes. Question One Sections
760.01 -
760.11 and
509.092 , Florida Statutes, constitute the "Florida Civil Rights Act of 1992." 2 The Legislature has provided a statement of intent for enactment of this legislation in section
760.01 (2): "The general purposes of the Florida Civil Rights Act of 1992 are to secure for all individuals within the state freedom from discrimination because of race, color, religion, sex, national origin, age, handicap, or marital status...
...you with a definitive response to this question that would apply to all situations. Sincerely, Bill McCollum Attorney General BM/tgh 1 See Miami-Dade County Code of Ordinances, Chapter 11A "Discrimination," Article III, "Public Accommodation." 2 See s. 760.01 (1), Fla. Stat., providing the short title for the act. 3 Section 760.01 (3), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 16840, 2014 WL 5151621
...race, creed, color, sex, physical disability, or national origin. A person
1 The Legislature has expressly indicated twice that the Florida Civil Rights Act
includes specific statutory sections in both chapters 760 and 509, Florida Statutes.
§
760.01(1), Fla. Stat. (2011) (“Sections
760.01-760.11 and
509.092 shall be cited
as the ‘Florida Civil Rights Act of 1992’”); §
760.02(1) (“‘Florida Civil Rights Act
of 1992’ means ss.
760.01-760.11 and
509.092”).
4
aggrieved by a violation of this section or a violation of a rule adopted
under this section has a right of action pursuant to s....
... Crane notes, however, that the Florida Civil Rights Act provides that its
purposes “are to secure for all individuals within the state freedom from
discrimination because of race, color, religion, sex, national origin, age, handicap,
or marital status . . . .” §760.01(3)....
CopyPublished | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 13231, 2000 WL 1508508
...See generally Klonis v. State of Florida, Dep’t of Revenue,
766 So.2d 1186 (Fla. 1st DCA 2000); Jones v. Brummer,
766 So.2d 1107 (Fla. 3d DCA 2000); cf. Kimel v. Florida Bd. of Regents,
528 U.S. 62 ,
120 S.Ct. 631, 650 ,
145 L.Ed.2d 522 & fn (2000) (citing section
760.01 et seq., Florida Statutes (1997 and Supp.1998), as one example of a state statute protecting state employees from age discrimination)....
CopyPublished | District Court, M.D. Florida | 2003 U.S. Dist. LEXIS 22595, 2003 WL 22931346
...Plaintiff brought a three count complaint against Defendant alleging that Defendant discriminated against him in violation of: (1) Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. ("Title VII"); (2) 42 U.S.C. § 1981 ("Section 1981"); and (3) the Florida Civil Rights Act, Fla. Stat. § 760.01, et seq....
CopyPublished | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 14930, 84 Fair Empl. Prac. Cas. (BNA) 680, 2000 WL 1706924
...affed by volunteers which hired Carnesi as a church secretary and bookkeeper and supervised her work. Carnesi alleges that Harrison sexually harassed her; she raises claims of a hostile work environment and quid pro quo sexual harassment pursuant to section 760.01, Florida Statutes ’ (1995), and assault, battery, and false imprisonment....
CopyPublished | District Court, S.D. Florida | 2011 U.S. Dist. LEXIS 57436, 2011 WL 1900717
...SOF at ¶ 17.) On October 27, 2009, Dulaney commenced the instant litigation alleging the County and the Union discriminated against him in violation of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101, et seq., and the Florida Civil Rights Act ("FCRA"), FLA. STAT. § 760.01, et seq....
CopyPublished | Court of Appeals for the Eleventh Circuit
....
DUBINA, Chief Judge:
Appellant Mindy Slater appeals from the dismissal of her claims brought
pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq.
(Title VII), the Florida Civil Rights Act of 1992, Fla. Stat. § 760.01, et seq.
(FCRA), and the Florida Whistleblower Act, Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...631, 640 (2000), citing Seminole Tribe v.
Florida,
517 U.S. 44, 55 (1996). The State concedes that Congress sufficiently
1
The plaintiff also alleged discrimination under Title VII of the Civil Rights Act of 1991, 42
U.S.C. § 2000e and the Florida Human Rights Act, Fla. Stat. §
760.01....
CopyPublished | District Court, S.D. Florida | 2014 U.S. Dist. LEXIS 30123, 2014 WL 847814
...egan a pattern of retaliation against Plaintiff for bringing the lawsuit against the City, which Plaintiff claims violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000 (e) et seq., and the Florida Civil Rights Act of 1992, Fla. Stat. § 760.01 et seq....
....” Davis v. Coca-Cola Bottling Co. Consol.,
516 F.3d 955 , 978 n. 52 (11th Cir.2008) (internal citation and quotations omitted). Similarly, in Count 2, Plaintiff brings a claim for retaliation under the Florida Civil Rights Act of 1992, Fla. Stat. §
760.01 et seq....
CopyPublished | District Court, S.D. Florida | 2011 U.S. Dist. LEXIS 73268, 2011 WL 2623464
...Consequently, Butts filed the instant lawsuit alleging two counts of retaliationCount I claims retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. ("Title VII"), and Count II asserts retaliation in violation of the Florida Civil Rights Act of 1992, Fla. Stat. § 760.01, et seq....
CopyPublished | District Court, S.D. Florida | 2016 WL 1203971, 2016 U.S. Dist. LEXIS 43666
...Waring (“Plaintiff’) filed this action against Defendant, Miami-Dade’ County (“Defendant”), for claims arising under the provisions of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. (“Title VII”) and the Florida Civil Rights Act, Fla. Stat. § 760.01 , et seq....
CopyPublished | Court of Appeals for the Eleventh Circuit
...BARKETT, Circuit Judge:
Shelly Sinclair appeals from the district court's grant of summary judgment to De Jay Corporation
("De Jay") on Sinclair's claim of sexual harassment in violation of the Florida Civil Rights Act of 1992
("FCRA"), Fla. Stat. Ann. § 760.01-760.11.1 Sinclair argues that the district court erred in concluding that
De Jay was not a statutory employer for purposes of the FCRA because it did not employ fifteen employees
in the State of Florida....
CopyPublished | Court of Appeals for the Eleventh Circuit
...Shelly Sinclair appeals from the district court’s grant of summary judgment to De Jay
Corporation (“De Jay”) on Sinclair’s claim of sexual harassment in violation of the Florida Civil
Rights Act of 1992 (“FCRA”), Fla. Stat. Ann. § 760.01-760.11.1 Sinclair argues that the district
court erred in concluding that De Jay was not a statutory employer for purposes of the FCRA
because it did not employ fifteen employees in the State of Florida....
CopyPublished | Florida 3rd District Court of Appeal
...Clyne, for appellees.
Before SCALES, MILLER, and BOKOR, JJ.
MILLER, J.
Appellant, Paula Grace Willis, challenges a final order dismissing her
amended complaint alleging violations of the Florida Civil Rights Act of 1992
(FCRA), as amended, codified in section 760.01 et seq., Florida Statutes
(2019), and tortious interference with a business relationship....
CopyPublished | District Court, S.D. Florida | 2007 U.S. Dist. LEXIS 17979, 89 Empl. Prac. Dec. (CCH) 42, 851, 2007 WL 788810
...1.) [6] Defendant briefly addresses several claims which Plaintiff does not advance in his responses to the summary judgment motion. These claims include a racially hostile work environment, a claim brought pursuant to 42 U.S.C. § 1981 and a claim brought under the Florida Civil Rights Act, Fla. Stat. § 760.01....
CopyPublished | District Court, S.D. Florida | 2012 U.S. Dist. LEXIS 104414, 2012 WL 7006397
...Factual and Procedural Background Plaintiff, a female former employee of Defendant, brings the present suit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e(k) et seq. (“Title VII”) and the Florida Civil Rights Act of 1992, Fla. Stat. 760.01 et seq....
...Rather, they ask the Court to determine the proper construction of the FCRA. III. Analysis The FCRA was enacted “to secure for all individuals within the state freedom from discrimination because of race, color, religion, sex, national origin, age, handicap, or marital status____” Fla. Stat. 760.01....
CopyPublished | Court of Appeals for the Eleventh Circuit
...dismissed Matamoros’s charge. A third suspension followed. Finally, the
Sheriff’s Office terminated her.
B
Matamoros sued the Sheriff’s Office under the Florida Civil Rights Act of
1992, Fla. Stat. § 760.01, and the Family and Medical Leave Act of 1993, 29
U.S.C....
...2000) (“[A]ctions under the
Florida Civil Rights Act are analyzed under the same framework as the ADA.”).
So holding, she argues, would be consistent with the FCRA’s “general purposes”
and in accord with the direction that it be “liberally construed.” See Fla. Stat.
§ 760.01(2)–(3)....
...courts should “liberally construe[]” its provisions. Matamoros is quite right that
the FCRA says that it “shall be liberally construed to further the general purposes
stated in this section and the special purposes of the particular provision involved.”
Fla. Stat. §
760.01(3). The Florida Supreme Court has recognized as much. See
Joshua v. City of Gainesville,
768 So. 2d 432, 435 (Fla. 2000). But the FCRA also
says it “shall be construed according to the fair import of its terms[.]” Id. (quoting
Fla. Stat. §
760.01(3))....
CopyPublished | District Court, M.D. Florida | 2013 WL 3017010, 2013 U.S. Dist. LEXIS 87179, 120 Fair Empl. Prac. Cas. (BNA) 1540
...To hold otherwise would be contrary to the Florida Legislature’s directive to construe the FCRA “according to the fair import of its terms” and to “liberally” construe the FCRA “to further the general purposes stated in this section ____” 18 § 760.01(3) Fla....
...the state their full productive capacities, to secure the state against domestic strife and unrest, to preserve the public safety, health, and general welfare, and to promote the interests, rights, and privileges of individuals within the state.” § 760.01, Fla....
CopyPublished | District Court, M.D. Florida | 2010 U.S. Dist. LEXIS 59598, 2010 WL 2431904
...Each party has filed their respective response in opposition thereto (Docs. # 47 & 46, respectively). I. Background Plaintiff's complaint was removed to this Court on December 11, 2008, alleging a violation of the Florida Civil Rights Act of 1992, § 760.01, Florida Statutes, ("FCRA") and a violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended by the Pregnancy Discrimination Act ("PDA")....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1335, 1986 Fla. App. LEXIS 8325, 41 Empl. Prac. Dec. (CCH) 36, 569, 53 Fair Empl. Prac. Cas. (BNA) 1697
...The Duval County School Board (“School Board”) appeals from an order of the State of Florida Commission on Human Relations (“Commission”) finding that the School Board had violated the age discrimination provisions of the Human Rights Act of 1977, Section 760.01-.10, Florida Statutes (1983), 1 by refusing to reemploy on annual contract Robert Morrow, a teacher who had reached 70 years of age....
CopyPublished | District Court, S.D. Florida | 2012 WL 2735327, 2012 U.S. Dist. LEXIS 94152
...element of the Plaintiffs’ claim or by pointing to specific portions of the record which demonstrate that Plaintiffs cannot meet their burden of proof at trial. *1320 State Claims Count VII alleges Violation of Florida Civil Rights Act, Fla. Stat. § 760.01 , et seq....
CopyPublished | District Court, M.D. Florida | 15 Am. Disabilities Cas. (BNA) 1466, 2004 U.S. Dist. LEXIS 14559, 2004 WL 1663829
...("ADA") for disability discrimination and for retaliation against Rayonier; in Count II a claim against Rayonier for violation of the ADA's testing provision, 42 U.S.C. § 12112(d) and 42 U.S.C. § 12203; in Count III a claim against Rayonier pursuant to the Florida Civil Rights Act of 1992, § 760.01 et seq....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Apr 26, 2023
...Procedural History
Campbell sued Universal for imposing discriminatory eligi-
bility criteria that weren’t “necessary” under Title III of the Amer-
icans with Disabilities Act, 42 U.S.C. § 12182(b)(2)(A)(i) and the
Florida Civil Rights Act, § 760.01, et seq.
USCA11 Case: 22-10646 Document: 65-1 Date Filed: 07/07/2023 Page: 7 of 30
22-10646 Opinion of the Court 7
Both sides moved for summary judgment....
CopyPublished | Court of Appeals for the Eleventh Circuit
...Bush, United States Circuit Judge for the Sixth Circuit, sitting by
designation.
Case: 19-10663 Date Filed: 07/06/2020 Page: 2 of 44
This case concerns the obligations of an employer to accommodate a deaf
employee under the Florida Civil Rights Act of 1992 (FCRA), §
760.01 - §
760.11.
The dispute arose after Costco Wholesale Corporation terminated the employment
of Christine D’Onofrio, who has been deaf since birth....
...Procedural History
Approximately two years following her termination from Costco, D’Onofrio
filed a lawsuit against Costco in Florida state court. She advanced two causes of
actions, arguing she was discriminated and retaliated against, in violation of Florida
Civil Rights Act of 1992, Fla. Stat §
760.01 – §
760.11.6 (Doc....
CopyPublished | Court of Appeals for the Eleventh Circuit
...from the program in March of 1998. Mr. Hollis asserted claims under the Americans
with Disabilities Act, 42 U.S.C. §12101 et seq., the Rehabilitation Act, 29 U.S.C. §
2
701 et seq., and the Florida Civil Rights Act, Fla. Stat. § 760.01 et seq.
FSU removed the case to the U.S....
CopyPublished | Court of Appeals for the Eleventh Circuit | 1998 U.S. App. LEXIS 16868, 73 Empl. Prac. Dec. (CCH) 45, 414, 77 Fair Empl. Prac. Cas. (BNA) 495
...arties advance conflicting interpretations.
Mr. Donato argues that the term "marital status" in the Act is ambiguous and must be
construed broadly so as to effectuate the purpose of the Act (i.e. to prohibit discrimination). See Fla.
Stat. § 760.01(3) (Act must be "liberally construed to further the general purposes stated in this
section and the special purposes of the particular provision involved.")....
CopyPublished | Supreme Court of Florida
...the affirmative and hold a claimant need not specifically allege he is
seeking relief under the FCRA to exhaust administrative remedies.
I
A
The Florida Civil Rights Act of 1992 is codified at sections
760.01-.11 and
509.092, Florida Statutes (2024). The FCRA serves
to “secure for all individuals within the state freedom from
discrimination because of race, color, religion, sex, pregnancy,
national origin, age, handicap, or marital status.” §
760.01(2), Fla.
Stat....
...and persuasion” and to investigate alleged discriminatory practices.
§
760.11(3), (11), Fla. Stat.
To facilitate the Commission’s investigation, the FCRA
provides an administrative procedure for filing civil rights
complaints:
Any person aggrieved by a violation of ss.
760.01-760.10
may file a complaint with the commission within 365
days of the alleged violation, naming the employer,
employment agency, labor organization, or joint labor-
management committee, or, in the case of an alleged
violation of s....
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 720, 2016 WL 231511
...Cimino had not initiated the Charge before his death.
This appeal followed.
The purpose of the FCRA is “to secure for all individuals within the state
freedom from discrimination because of race, color, religion, sex,
pregnancy, national origin, age, handicap, or marital status.” §
760.01(2),
Fla. Stat. (2014). “Any person aggrieved by a violation of ss.
760.01–
760.10 may file a complaint with the commission within 365 days of the
alleged violation ....
...3
The FCRA “shall be construed according to the fair import of its terms
and shall be liberally construed to further the general purposes stated [in
chapter 760] and the special purposes of the particular provision
involved.” § 760.01(3), Fla....
CopyPublished | District Court, S.D. Florida | 43 Fair Empl. Prac. Cas. (BNA) 832, 1987 U.S. Dist. LEXIS 8464, 42 Empl. Prac. Dec. (CCH) 36, 916
...Since the filing provisions of the ADEA and Title VII are to be similarly analyzed, Thomas,
764 F.2d at 771 , the Court finds that the FHRC qualifies as a state agency with “authority to grant ... relief from such discriminatory practice” under the ADEA. See Human Rights Act of 1977, Fla.Stat. §
760.01-760.10 (1985)....
CopyPublished | District Court, M.D. Florida | 60 Fed. R. Serv. 3d 763, 2004 U.S. Dist. LEXIS 25813, 2004 WL 2937239
...Plaintiff has filed a complaint against Defendants alleging violations of the Equal Pay Act of 1963, 29 U.S.C. § 206 (d), (EPA), sexual discrimination regarding pay under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., (Title VII) and the Florida Civil Rights Act, Fla. Stat. § 760.01 et seq., (FCRA), failure to promote under Title VII and FCRA, and retaliation under the EPA, Title VII and FCRA....
CopyPublished | Florida 2nd District Court of Appeal
...ered in favor of Steak
N Shake, Inc., in Ramos's discrimination action below. On appeal,
Ramos argues that the trial court erred in finding that Ramos failed to
exhaust his administrative remedies under the Florida Civil Rights Act of
1992 (FCRA), §§ 760.01-.11, Fla....
...And "[s]ection
760.11 establishes
administrative and civil remedies for violations of the [FCRA]." Ross v.
Jim Adams Ford, Inc.,
871 So. 2d 312, 315 (Fla. 2d DCA 2004).
Specifically, section
760.11(1) provides that "[a]ny person aggrieved by a
violation of ss.
760.01-760.10 may file a complaint with the
[C]ommission within 365 days of the alleged violation." "Although this
statute states that a complaint 'may' be filed with the Commission, it is
clear that such a complaint must be filed either with the...
...We conclude that it does not.
"[C]hapter 760 is remedial and requires a liberal construction to
preserve and promote access to the remedy intended by the [l]egislature."
Joshua v. City of Gainesville,
768 So. 2d 432, 435 (Fla. 2000); see also
§
760.01(3) ("The Florida Civil Rights Act of 1992 shall be construed
according to the fair import of its terms and shall be liberally construed
to further the general purposes stated in this section and the special
purposes of the particular provision involved.")....
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 19096, 2004 WL 2894913
...See Fla. RApp. P. 9.030(b)(1)(A). For the reasons stated in Martinez , we reverse the order dismissing Mr. Pagan’s complaint and remand for further proceedings consistent with this opinion. WHATLEY, J„ and DANAHY, PAUL W., SENIOR JUDGE, Concur. . See § 760.01, etseq., Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Aug 10, 2022
...Procedural History
On February 5, 2019, Lapham initiated a lawsuit against
Walgreens in the Seventh Judicial Circuit in and for Volusia
County, Florida, bringing claims under the FWA, the FMLA, and
the Florida Civil Rights Act (“FCRA”), Fla. Stat. § 760.01 et seq.
Walgreens removed the action to federal court pursuant to 28
U.S.C....
CopyPublished | District Court, S.D. Florida | 2005 U.S. Dist. LEXIS 38879, 2005 WL 3591986
...THIS CAUSE comes before the Court on Defendant Walgreen, Co.'s Motion for Partial Dismissal [DE # 8] filed on October 4, 2005. The Plaintiff, Timothy Freeman, has filed this action claiming violations of the Florida Civil Rights Act of 1992, as amended, Fla. Stat. 760.01-760.11 (FCRA), and Title VII of the Civil Rights Act of 1964, 42 U.S.C.2000e (Title VII)....
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 18813, 2004 WL 3025053
...the power to resolve the lawsuit filed by Ms. Martinez against Abraham Chevrolet. *583 We reverse the order dismissing Ms. Martinez’s complaint and remand for further proceedings consistent with this opinion. STRINGER and KELLY, JJ., Concur. . See § 760.01, et seq., Fla....
CopyPublished | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 129641, 2009 WL 6704559
...against Defendant Victoria's Secret Stores, LLC ("Defendant") in the Circuit Court of *1352 the Eleventh Judicial Circuit in and for Miami-Dade County. Plaintiff Escala alleges that she reported violations of the Florida Civil Rights Act, Fla. Stat. § 760.01 and Title VII of the Civil Rights Act of 1964, ("Title VII"), 42 U.S.C....
CopyPublished | Florida 5th District Court of Appeal | 2002 WL 1990671
...none. I would reverse and remand for reconsideration of the attorney's fee award in this case before a different trial judge. NOTES [1] See The Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (the ADA) and the Florida Civil Rights Act, § 760.01, et seq., Fla....
CopyPublished | Supreme Court of Florida
origin, age, handicap, or marital status. F.S.
760.01-760.11. 417.1 INTRODUCTION Members
CopyPublished | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 30805, 2007 WL 1231839
...Thirteenth Judicial Circuit, in and for Hillsborough County (Doc. No. 2). In the complaint, Plaintiff asserts that Defendant unlawfully discriminated against him in violation of 42 U.S.C. § 1981 and the Florida Civil Rights Act of 1992, Fla. Stat. § 760.01 et....
CopyPublished | District Court, S.D. Florida | 2011 U.S. Dist. LEXIS 40601, 2011 WL 1430328
...In the Motion, Walgreens seeks summary judgment on Plaintiff, Basil Jennings’s (“Jennings[’s]”) claims of retaliation under Title VII of the Civil Rights *1348 Act of 1964 (“Title VIP’), 42 U.S.C. § 2000e(1)-(17), and the Florida Civil Rights Act (“FCRA”), Fla. Stat. § 760.01 -.11 (2009)....
CopyPublished | District Court, M.D. Florida | 2015 U.S. Dist. LEXIS 47102, 126 Fair Empl. Prac. Cas. (BNA) 1613, 2015 WL 1608827
...Stat. §
381.0051 (5); 2 (III) Violation of Fla. Stat. §
390.0111 (8); 3 (IV) Violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (TFHC only); and *1307 (V) Violation of Florida Civil Rights Act of 1992, Fla. Stat. Ann. §
760.01 et seq....
