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. Stat. §
760.10(1)(a) (emphasis added)....
...4th DCA 1999).
Because the FOAA provides that persons with HIV or AIDS “shall have
every protection made available to handicapped persons,” Fla. Stat. §
760.50(2)
(emphasis added), the FCRA prohibits employment discrimination on the basis of
an individual’s handicap, Fla. Stat. §
760.10(1)(a), and the FCRA is to be
“construed in conformity with the” ADA, Byrd, 948 So....
CopyCited 521 times | Published | Court of Appeals for the Eleventh Circuit | 31 Am. Disabilities Cas. (BNA) 1259, 24 Wage & Hour Cas.2d (BNA) 1517, 24 Wage & Hour Cas. (BNA) 1517, 2015 U.S. App. LEXIS 10100, 127 Fair Empl. Prac. Cas. (BNA) 833, 2015 WL 3719501
...te employees, in violation of Title
VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq.; the
Civil Rights Act of 1991 (“Section 1981”), 42 U.S.C. § 1981; and the Florida Civil
Rights Act (“FCRA”), Fla. Stat. § 760.10....
CopyCited 456 times | Published | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 13597, 93 Empl. Prac. Dec. (CCH) 43, 933, 109 Fair Empl. Prac. Cas. (BNA) 1162, 2010 WL 2631839
...She asserted four claims: (1) discrimination on the
basis of her Cuban-American national origin, in violation of Title VII of the Civil
Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1); (2) retaliation in violation of 42
U.S.C. § 2000e-3(a); (3) discrimination in violation of the Florida Civil Rights Act,
Fla. Stat. § 760.10(1)(a); and (4) retaliation in violation of Fla. Stat. § 760.10(7).8
She alleged that Royal Atlantic had “engaged in an improper and illegal course of
conduct designed to systematically eliminate [C]ubans including women” and that
Royal Atlantic fired her in retaliation for her complaint about th...
...That issue can be resolved at trial, if
necessary.
33
VI.
Alvarez also makes parallel discrimination and retaliation claims under the
Florida Civil Rights Act of 1992. See Fla. Stat. § 760.10....
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
...ware of her alleged disability. And
because Groo alone was responsible for Cordoba’s termination, Cordoba could not
establish that she had been fired “because of [her] disability.” 42 U.S.C. §
12112(a) (emphasis added); see also Fla. Stat. § 760.10(a) (“It is an unlawful
employment practice for an employer ....
CopyCited 248 times | Published | Court of Appeals for the Eleventh Circuit | 19 Am. Disabilities Cas. (BNA) 1153, 2007 U.S. App. LEXIS 21670, 2007 WL 2577030
...t’s grant of
summary judgment in favor of his former employer, defendant-appellee BellSouth,
in his employment discrimination lawsuit, which Greenberg filed pursuant to the
ADA, 42 U.S.C. § 12101, et. seq., and its Florida analogue, Fla. Stat. § 760.10, et.
seq.1 On appeal, Greenberg argues that there are genuine issues of fact as to (1)
whether he is disabled under the ADA and (2) whether he was terminated because
of such a disability....
CopyCited 162 times | Published | Court of Appeals for the Eleventh Circuit | 2006 WL 770638, 2006 U.S. App. LEXIS 7486, 98 Fair Empl. Prac. Cas. (BNA) 19
...that the County had discriminated against her on the basis of race in violation of
Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et. seq., and 42
U.S.C. § 1981, and on the basis of marital status in violation of the Florida Civil
Rights Act, Fla. Stat. § 760.10.
The County filed a motion for summary judgment on April 1, 2005, and on
June 30, 2005 the district court granted that motion as to all of Burke-Fowler’s
claims....
...individual, or otherwise to discriminate against any
individual with respect to compensation, terms,
conditions, or privileges of employment, because of such
individual’s . . . marital status.
Fla. Stat. § 760.10(1)(a)....
...marital status discrimination, because he is married to an individual who filed suit
against his employer?”). The Florida Supreme Court answered that certified
question in the negative and held that the term “marital status,” in the context of
Fla. Stat. § 760.10(1)(a), “means the state of being married, single, divorced,
widowed or separated, and does not include the specific identity or actions of an
individual’s spouse.” Donato v....
...Burke-Fowler ultimately married the inmate with whom she fraternized, while
Robinson and Austin merely fraternized out of wedlock. That distinction,
however, is based on the County’s reasonable interpretation of its fraternization
policy and it does not run afoul of Fla. Stat. § 760.10(1)(a).
The County did not discriminate against Burke-Fowler simply because she
was married....
CopyCited 142 times | Published | Court of Appeals for the Eleventh Circuit | 76 Fed. R. Serv. 3d 1083, 2010 U.S. App. LEXIS 9764, 93 Empl. Prac. Dec. (CCH) 43, 882, 109 Fair Empl. Prac. Cas. (BNA) 477
...59(a), following entry of judgment in favor of Aaron L.
Howard, Jr. on his retaliation claims under Title VII of the Civil Rights Act of 1964
(“Title VII”), 42 U.S.C. § 2000e, et seq., and the Florida Civil Rights Act (“FCRA”),
Fla. Stat. § 760.10, et seq....
CopyCited 141 times | Published | Court of Appeals for the Eleventh Circuit | 29 Am. Disabilities Cas. (BNA) 757, 2014 U.S. App. LEXIS 5944, 122 Fair Empl. Prac. Cas. (BNA) 543, 2014 WL 1274070
...LLC, claiming discrimination under the Americans with Disabilities Act of 1990,
42 U.S.C. § 12101 et seq. (the “ADA”), the Age Discrimination and Employment
Act of 1967, 29 U.S.C. § 621 et seq. (the “ADEA”), and the Florida Civil Rights
Act, Fla. Stat. § 760.10 (the “FCRA”)....
CopyCited 126 times | Published | Supreme Court of Florida | 14 Fla. L. Weekly 549, 7 I.E.R. Cas. (BNA) 1782, 1989 Fla. LEXIS 1057, 51 Empl. Prac. Dec. (CCH) 39, 446, 58 Fair Empl. Prac. Cas. (BNA) 1606, 1989 WL 128596
...The Human Rights Act provides in pertinent part: "It is an unlawful employment practice for an employer ... to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual's ... sex... ." § 760.10(1)(a), Fla....
CopyCited 107 times | Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 641, 2000 Fla. LEXIS 1751, 2000 WL 1227755
...Each incident listed in that memo took place after Joshua filed her January 1995 complaint. The memo threatened future disciplinary action if such behavior continued. On July 21, 1995, after receiving this memo, Joshua filed another complaint against her employer alleging retaliation by the City in *434 violation of section 760.10(7) [1] ....
...in our decision in Hullinger, and the Legislature's failure to clarify this area subsequent to Hullinger. In Hullinger, a claimant brought an age discrimination action against his former employer by filing a complaint with the Commission pursuant to section 760.10, Florida Statutes (1983). At that time, section 760.10(12) authorized a civil action if the Commission failed to act on a claim within 180 days of filing....
...ause determination within 180 days. We, therefore, quash the decision below and remand for further proceedings not inconsistent with this decision. It is so ordered. WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE and LEWIS, JJ., concur. NOTES [1] Section 760.10(7), Florida Statutes (1995), states: It is an unlawful employment practice for an employer, an employment agency, a joint labor-management committee, or a labor organization to discriminate against any person because that person has op...
CopyCited 93 times | Published | Supreme Court of Florida | 1992 WL 4452
...y disabled. [3] Florida also has enacted laws to eliminate discrimination against such persons. E.g., §§
760.22(7),
760.23, Fla. Stat. (1989) (housing discrimination); accord § 228.2001, Fla. Stat. (1989) (discrimination in educational programs); §
760.10, Fla....
CopyCited 89 times | Published | Court of Appeals for the Eleventh Circuit
...5 After filing an age discrimination complaint with the Orlando Human Relations Department and the Equal Employment Opportunity Commission, Bogle filed this cause of action. Bogle's complaint alleges that Orange County terminated him because of his age in violation of the ADEA and Florida's Human Rights law, Fla. Stat. 760.10....
CopyCited 85 times | Published | Court of Appeals for the Eleventh Circuit | 2003 U.S. App. LEXIS 9347, 84 Empl. Prac. Dec. (CCH) 41, 428, 91 Fair Empl. Prac. Cas. (BNA) 1487, 2003 WL 21078179
...S he alleged tha t she was the victim of dis parate trea tment and reta liation in
violation of Title VII of the Civil Right’s Act of 1964, 42 U .S.C. § 2000 (e) et seq.,
42 U.S.C . § 1981, and the Florida Civil Rights Act of 1992, Florida Statutes, §
760.10 (2 000)....
CopyCited 69 times | Published | Court of Appeals for the Eleventh Circuit | 2003 U.S. App. LEXIS 6014, 91 Fair Empl. Prac. Cas. (BNA) 771, 2003 WL 1591270
...incurred as a result of that party’s defending any such
claim, position or defense.
Some time later, Musnick sued King in the district court, claiming religious
discrimination in violation of Title VII and Florida Statute § 760.10....
CopyCited 55 times | Published | Supreme Court of Florida | 1994 WL 19548
...retion. [8] Indeed, we already are doing so in highly similar contexts. For example, a man may think all women incompetent, but he cannot lawfully express those opinions at the workplace in a manner that creates a hostile work environment for women. § 760.10, Fla....
CopyCited 49 times | Published | Court of Appeals for the Eleventh Circuit
...fter Williams submitted his application, thereby giving rise to an inference of intentional discrimination. 5 Williams filed suit against Vitro, Flight Systems, and Tracor under both the ADEA and the Florida Civil Rights Act of 1992, Fla. Stat. Ann. § 760.10 ....
CopyCited 47 times | Published | Court of Appeals for the Eleventh Circuit | 1998 U.S. App. LEXIS 10562, 73 Empl. Prac. Dec. (CCH) 45, 446, 76 Fair Empl. Prac. Cas. (BNA) 1754, 1998 WL 271147
...at 4 . Delta terminated Parise’s employment two weeks after this incident. Parise subsequently filed this action in state court and alleged that Delta had discriminated against him on the basis of age. The action was filed pursuant to Fla. Stat. § 760.10 (l)(a) and 42 U.S.C....
...r otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, national origin, age, handicap, or marital status. Fla. Stat. § 760.10 (l)(a)....
CopyCited 42 times | Published | Supreme Court of Florida | 81 Fair Empl. Prac. Cas. (BNA) 1302
...Petitioner appealed to the Eleventh Circuit Court of Appeals, which, after hearing oral argument, certified the above question to this Court. Id. at 1332. In doing so, the circuit court noted that this Court has not yet addressed whether a discharged employee can assert a claim based on marital status discrimination under section 760.10 of the Florida Statutes "where the employee allegedly was discharged in retaliation for actions of his spouse." Id....
...stated therein. See §
760.01(3). Within the same piece of legislation, the Legislature created a provision enumerating unlawful employment practices. See ch. 77-341, § 6 (codified at § 13.261, Fla. Stat. (1977)). That provision is now codified at section
760.10, Florida Statutes (1997), and states in pertinent part: (1) It is an unlawful employment practice for an employer: (a) To discharge or to fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, national origin, age, handicap, or marital status. §
760.10(1)(a), Fla....
...Upper Pinellas Association for Retarded Citizens, 8 F.A.L.R. 438 (Fla. Comm'n. on Human Relations 1985), which broadly interpreted the term "marital status" to include the identity of the individual's spouse. The Fifth District, however, reversed the ruling, holding that the Commission's interpretation of section 760.10 was erroneous....
...iscrimination where plaintiff-wife discharged because of husband's position as local property tax assessor). Donato, however, argues that the term "marital status" is ambiguous when that term is considered in conjunction with other provisions within section 760.10....
...iage or non-marriage in general" as well as "the status of marriage or non-marriage to a particular individual." Appellant's Initial Brief at 13. The ambiguity arises, he claims, when this definition is read in conjunction with the subsection within section 760.10 which exempts actions based on an antinepotism policy. See § 760.10(8)(d) (stating that it shall not be "an unlawful employment practice ......
...ompassed the state of being married or unmarried in general. Contrary to Donato's assertion, we do not believe that the legislative enactment of the antinepotism exclusion renders the term "marital status" ambiguous. In 1992, the Legislature amended section 760.10 by adding several exceptions to the types of unlawful employment practices....
...The amended version of the statute provides in pertinent part: (8) Notwithstanding any other provision of this section, it is not an unlawful employment practice ... for an employer... to: . . . . (d) Take or fail to take any action on the basis of marital status if that status is prohibited under its anti-nepotism policy. § 760.10(8)(d), Fla....
...However, without more explicit guidance from the Legislature, we are unable to presume or otherwise conclude that the Legislature intended to include within the scope of the term "marital status" such factors as the identity or actions of one's spouse. As we explained above, the antinepotism exclusion listed in section 760.10 merely suggests that the Legislature intended to limit the types of claims for which an employer may be held liable....
...ng of marital status for the purpose of expanding the scope of discriminatory practices, it certainly could have done so, and, of course, is free to do so after this decision. CONCLUSION Accordingly, we hold that the term "marital status" as used in section 760.10 of the Florida Statutes means the state of being married, single, divorced, widowed or separated, and does not include the specific identity or actions of an individual's spouse....
...Longboat Key Beach Erosion Control Dist.,
604 So.2d 452, 455 (Fla.1992). Further, "statutory phrases are not to be read in isolation, but rather within the context of the entire section." Acosta v. Richter,
671 So.2d 149, 154 (Fla.1996). When the Legislature amended section
760.10, it excepted employers with antinepotism policies from the prohibition against discriminating on the basis of marital status....
...It states: (8) Notwithstanding any other provision of this section, it is not an unlawful employment practice ... to: (d) Take or fail to take any action on the basis of marital status if that status is prohibited under [the employer's] antinepotism policy. § 760.10(8)(d)....
...It further concluded that absent legislative intent to the contrary, a broad interpretation was consistent with the Legislature's overall purpose in enacting the Civil Rights Act and with the Legislature's stated intent to construe such provisions liberally. Accordingly, it concluded that UPARC violated section 760.10(1)(a) by discharging Owens on the basis of his marital status....
CopyCited 38 times | Published | Florida 1st District Court of Appeal | 1991 Fla. App. LEXIS 9078, 62 Empl. Prac. Dec. (CCH) 42, 504, 66 Fair Empl. Prac. Cas. (BNA) 928, 1991 WL 183022
...The rule clearly prohibits the agency from considering others unless the position was advertised. Its obvious purpose is to allow filling of vacant positions; it in no way requires each person named on the COE to be contacted. Although the COE system may not be the best method for hiring, neither section 760.10 nor Title VII imposes a duty to adopt a hiring procedure that maximizes hiring of minorities....
...f race, and was therefore legitimate business reason). Moreover, the fact that the result seems unfair to the claimant is not enough, if the employer's decision is based on a legitimate business reason, because unfairness alone is not a violation of section 760.10....
CopyCited 34 times | Published | Supreme Court of Florida | 14 Fla. L. Weekly 416, 1989 Fla. LEXIS 814, 1989 WL 101534
...ning religious discrimination in various practices. [5] Intentional discrimination claims tried in Florida generally arise under the state's numerous antidiscrimination statutes, particularly *1009 under the Human Rights Act of 1977, sections
760.01-
760.10, Florida Statutes (1987) (employment discrimination), and the Fair Housing Act, sections
760.20-760.37, Florida Statutes (1987). [6] The primary purpose for imposing liability under these acts is undeniably to deter discrimination. The Human Rights Act clearly states:
760.01 Purposes; construction; title. ... . (2) The general purposes of ss.
760.01-
760.10 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 personal dignity, to make availabl...
...Punitive damages would appear to be awarded with insufficient frequency in statutory discrimination cases to make punishment certain by any means. In fact, punitive damages are not even mentioned under the state's premier antidiscrimination statute, the Human Rights Act. See §§
760.01-
760.10, Fla....
...ions); §
286.011 (in public meetings); §§ 395.031-395.032 (in trauma centers); §§
509.092,
509.141, and
509.142 (in public lodging and restaurants); §
513.118 (in RV parks); §
562.51 (in bars); §
641.3102 (in HMOs); chapter 760 (in housing); §
760.10 (in employment); § 849.093 (in public games); §
871.04 (in advertising)....
CopyCited 33 times | Published | Supreme Court of Florida | 2005 WL 673677
...intend that the provisions of section
768.28(6) apply to the Act. We discuss each of these aspects of the Act in turn. First, the Florida Civil Rights Act contains a waiver of sovereign immunity independent of the waiver contained in section
768.28. Section
760.10(1)(a), Florida Statutes (2003), provides that it is an unlawful employment practice for an employer to "discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such i...
...ituted 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.
760.10(5), the person responsible for the violation and describing the violation....
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....
...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 particular provision involved." Section
760.10, entitled "Unlawful employment practices," so far as it is pertinent here, provides in subsection (1)(a) as follows: (1) It is an unlawful employment practice for an employer: (a) To discharge or to fail or refuse to hire any individua...
CopyCited 26 times | Published | Florida 1st District Court of Appeal | 3 Am. Disabilities Cas. (BNA) 102, 1994 Fla. App. LEXIS 1695, 1994 WL 64952
...e inapplicable, and that the preferred criteria are those listed under section 504 of the Rehabilitation Act. [7] Moreover, in our judgment, certain of the criteria in section 504 are reasonably implied under Florida's Human Rights Act. For example, Section 760.10(1)(a), Florida Statutes, prohibits, as does section 504, an employer from "discharg[ing] or ... fail[ing] or refus[ing] to hire any individual, or otherwise ... discriminat[ing] against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual's ... handicap[.]" Section 760.10(8)(a) continues, however, that it is not an unlawful employment practice for an employer to "[t]ake or fail to take any action on the basis of ......
CopyCited 22 times | Published | Florida 4th District Court of Appeal | 2007 WL 461322
...d/b/a Wendy's Coral Springs on all three counts of her amended complaint alleging human immunodeficiency virus ("HIV") discrimination. [1] Byrd asserted causes of action for violation of (1) the Florida Omnibus AIDS Act, section
760.50(3)(b), Florida Statutes; and (2) the Florida Civil Rights Act, section
760.10(1)(a), Florida Statutes (2004); and for (3) intentional infliction of emotional distress....
...ndividual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, national origin, age, handicap, or marital status." § 760.10(1)(a), Fla....
...id leave, job restructuring, a modified work schedule, or reassignment. 42 U.S.C.A. § 12112(9)(B). Id. To establish a prima facie case of HIV discrimination under the FCRA, Byrd must prove: (1) that she is a handicapped person within the meaning of section 760.10(1)(a); (2) that she is a qualified individual; and (3) that BT Foods discriminated against her on the basis of her disability....
CopyCited 20 times | Published | District Court, S.D. Florida | 1994 U.S. Dist. LEXIS 15683, 66 Fair Empl. Prac. Cas. (BNA) 720, 1994 WL 605949
...Her self-employment income from this consulting/bookkeeping business totalled $6,427.00. II. CONCLUSIONS OF LAW 1. Sheila Kelly brought the instant action pursuant to Title VII of the Civil Rights Act of 1964 ("Title VII") as amended, 42 U.S.C. § 2000e et seq., and the Florida Human Rights Act, Fla.Stat. § 760.10....
...Saint Mary's Honor Ctr. v. Hicks, ___ U.S. ___,
113 S.Ct. 2742,
125 L.Ed.2d 407 (1993). 5. The Florida Human Rights Act also provides that it shall be an unlawful employment practice for an employer to discharge any individual because of such individual's sex. Fla.Stat. §
760.10....
CopyCited 18 times | Published | Florida 3rd District Court of Appeal | 2004 WL 2101995
...so in its order. See id. I. SEXUAL HARASSMENT CLAIM We conclude that the trial court erred in granting judgment notwithstanding the verdict for Doral on Mrs. Russell's sexual harassment claim because there was evidence to support the jury's verdict. Section 760.10(1)(a), Florida Statutes (2002), which prohibits employers from discriminating against an individual with respect to their employment based upon their gender, is derived from Title VII of the Federal Civil Rights Act....
...e trial court erred in granting judgment notwithstanding the verdict for Doral on Mrs. Russell's two retaliatory discharge claims for making a sexual harassment complaint to Doral, and for filing a Workers' Compensation claim. First, according to Section 760.10(7), Florida Statutes (2002), it is an unlawful employment practice for an employer to discriminate against any person because that person has made a charge of conduct which is prohibited under Section 760.10. As discussed in Part I of this Opinion, the "charge" of prohibited conduct was Mrs. Russell's charge of sexual harassment as delineated in Section 760.10(1)(a), Florida Statutes (2002)....
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
...d party is seeking compensatory or punitive damages and any party may demand a trial by jury." At the two hearings below on Speedway's motions for summary judgment, it conceded Dupont had established a basis for a hostile work environment case under section 760.10, by the statements in her affidavit in opposition to the motions....
...ecord whether Dupont presented competent, substantial evidence to establish a hostile work environment case based on sexual harassment, and draw all reasonable inferences and resolve all credibility issues, in Dupont's favor. Both parties agree that section 760.10, The Florida Civil Rights Act, is patterned after the 1964 federal statute, Title VII, and that the state statutory cause of action has been defined according to federal case law....
...a 1-800 number that was posted, to make a complaint, or bring the matter to the attention of a manager or supervisor. *84 I. SUFFICIENCY OF THE EVIDENCE HOSTILE WORK ENVIRONMENT DUE TO SEXUAL HARASSMENT. Although cases brought under Title VII and section 760.10 for sexual harassment, hostile work environment, are fact-specific in the extreme, [6] the federal courts have set out a few guidelines....
...[17] But there are other cases that reach the opposite result, and which have found that a prima facie case was established on a similar, or even a lesser, *86 factual basis. [18] The two Florida cases which have addressed this issue in the context of section 760.10, Florida Statutes, have held prima facie cases were established on the basis of a similar record of harassment. See Russell v. KSL Hotel Corp .; Natson. Florida has opted for a strong policy against sexual harassment in the work place. The Legislature passed section 760.10, a remedial statute, directed at this form of discrimination based on gender and it should be liberally, not strictly, construed....
...e the type of conduct engaged in by Coryell illegal and unacceptable in the workplace. [20] For us to hold that Coryell's conduct, as established by this record, is so minimal that it does not constitute a prima facie case of sexual harassment under section 760.10, would weaken and demean the statute's purpose....
...ive notice of the harassing behavior by a co-worker. [21] If an employer is aware of the sexual harassment and takes no remedial action or inadequate steps are taken to prevent recurrence of the harassment, then the employer can be held liable under section 760.10 for damages; compensatory for lost wages, and mental pain and suffering....
...The trial court directed the jury that in order to award punitive damages it had to determine Speedway acted willfully, intentionally, or with callous and reckless indifference to Dupont's rights. It made that determination in Dupont's favor. However, it is not clear what the standard is for punitive damages awarded under section 760.10....
...g prompt, remedial action after having notice of Coryell's conduct. Thus, punitive damages would have been sustainable without a finding by the jury that Speedway itself acted in a willful, wanton manner. However, the effect of applying this rule to section 760.10 cases would result in allowing punitive damages in almost every case....
...ules and policies which make the type of conduct engaged in by Coryell illegal and unacceptable in the workplace. For us to hold that Coryell's conduct . . . is so *98 minimal that it does not constitute a prima facie case of sexual harassment under section 760.10, would weaken and demean the statute's purpose....
...Nor does any governmental entity's rules and policies relate to the issue of whether Coryell's conduct was motivated by sex-based discrimination. The majority's second point is not supported by caselaw. Sexual harassment claims under Title VII and section 760.10 are not actionable unless specific elements are met....
...scriminatory practices with malice or with reckless indifference to the federally protected rights of an aggrieved individual. 42 U.S.C. § 1981a(b)(1). Thus, it concludes that "it is not clear what the standard is for punitive damages awarded under section 760.10." Op....
...g environment, let alone to support the imposition of punitive damages. I would reverse and remand to the trial court with directions that it enter judgment in favor of Speedway. NOTES [1] Dupont brought this suit under the Florida Civil Rights Act, section 760.10, Florida Statutes (1998)....
CopyCited 17 times | Published | Florida 4th District Court of Appeal | 2008 WL 2261504
...o the existence of a material fact and that the movant is entitled to judgment as a matter of law. Id. III. Analytical Process in Age Discrimination Cases The Florida Civil Rights Act of 1992 (FCRA) prohibits age discrimination in the workplace. See § 760.10(1)(a), Fla....
CopyCited 16 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 2276, 1985 Fla. App. LEXIS 16120
...(1983) (for discharge or discrimination by county or municipal employer on basis of race, color, sex, religious creed or national origin); §
112.044, Fla. Stat. (1983) (for discharge or discrimination by state or any subdivision on basis of age); §
760.10, Fla....
CopyCited 16 times | Published | District Court, S.D. Florida | 1993 U.S. Dist. LEXIS 20833, 1995 WL 13655
...§ 2000e, et seq., the Civil Rights Act of 1991, 42 U.S.C. § 1981a, and the Reconstruction Era Civil Rights Act, 42 U.S.C. § 1981, as well as pendant state law claims sounding in tort and arising under the Florida Human Rights Act, Florida Statutes § 760.10....
CopyCited 15 times | Published | Florida 1st District Court of Appeal | 2000 WL 1298940
...to give the appellant an opportunity to amend his complaint. The F.C.R.A. prohibits discrimination, as well as retaliation, by an employer on the basis of an individual's race, color, religion, sex, national origin, age, handicap, or marital status. § 760.10(1) & (7), Fla....
...of its agencies, such as the appellee. First, the F.C.R.A. makes it an unlawful employment practice for "an employer" to discriminate or retaliate against an individual because of such individual's handicap or any other factor enumerated, supra. See § 760.10, Fla....
...rom punitive damages and places limits on compensatory damages. Sixth: In any civil action or administrative proceeding brought pursuant to this section, a finding that a person employed by the state or any governmental entity or agency has violated s. 760.10 shall as a matter of law constitute just or substantial cause for such person's discharge....
CopyCited 15 times | Published | District Court, S.D. Florida | 1996 U.S. Dist. LEXIS 11239, 1996 WL 444930
...next claims that because the Florida Act is modeled after Title VII, and although there have been no cases on individual liability under the Act, the Florida Statute should take on the same construction as given to its federal prototype. Fla. Stat. §
760.10(1)(a) states: (1) It is an unlawful employment practice for an employer: (a) To discharge or to fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual's ... sex.... The statute in §
760.03 creates a Commission on Human Relations, and goes on to state in the section entitled Administrative and civil remedies; construction. (1) Any person aggrieved by a violation of §§
760.01-
760.10 may file a complaint with the commission within 365 days of the alleged violation, naming the employer, ......
...ubject, the Florida statute should be interpreted in the same way as its federal prototype. Brand v. Florida Power Corporation,
633 So.2d 504 (Fla. 1st DCA 1994). In a similar case, the Middle District of Florida held that in light of the wording of §
760.10 and Title VII being almost identical, and "in the absence of a contrary interpretation of the statute by a Florida court", it would follow Title VII jurisprudence and strike a claim against a supervisor in his individual capacity....
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
...In December of 1984, the plaintiff filed a handicap discrimination complaint with the Florida Commission on Human Relations (FCHR). On December 11, 1985, the Executive Director of the FCHR issued a determination that "cause existed to believe that Defendant BROWARD COUNTY violated Section 760.10(1)(a), Florida Statutes (1983), by terminating Mr....
...(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 | 1991 WL 75590
...Further, there is no medical evidence to indicate Pinchback was unable to perform her assigned duties when she was discharged. Following her termination, Pinchback filed with the Commission a petition under Florida's Human Rights Act of 1977 (Sections
760.01-
760.10, Florida Statutes (1983)) for relief from an unlawful employment practice....
...Courtesy Corporation,
563 So.2d 787 (Fla. 1st DCA 1990). It is undisputed that Florida's Human Rights Act is patterned after Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2. School Board of Leon County v. Weaver,
556 So.2d 443 (Fla. 1st DCA 1990). Section
760.10(1)(a), Florida Statutes, provides in part: It is an unlawful employment practice for an employer to discharge ......
...ainst pregnant employees is sex-based discrimination. The protections afforded by Title VII and the PDA cannot be eroded by the Florida Act which does not contain a similar provision. Thus, we conclude that the Florida Human Rights Act, specifically Section 760.10, Florida Statutes, is pre-empted by Title VII of the Civil Rights Act of 1984, 42 U.S.C....
...1st DCA 1990), the court addressed the issue of whether back pay is an available remedy for a plaintiff who prevails in a Title VII action against an employer for an unlawful employment practice. The court recognized that Florida's Human Rights Act, Sections
760.01-
760.10, Florida Statutes, is patterned after Title VII of the Civil Rights *796 Act of 1964 which has been construed as providing a remedy of back pay to be awarded prevailing plaintiffs....
CopyCited 14 times | Published | District Court, S.D. Florida | 2004 U.S. Dist. LEXIS 18897, 2004 WL 2110512
...te for hours she worked in excess of forty per week. These acts, it was alleged, violated 42 U.S.C. § 2000e, et seq. ("Title VII"), the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 201-219, the Florida Civil Rights Act ("FCRA"), and Fla. Stat. § 760.10....
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 1996 WL 587858
...that basis. Appellants filed charges of discrimination with the Florida Commission on Human Relations, alleging that they had been denied promotions and had been discharged on account of their race in violation of Florida Statutes, and specifically section 760.10, et seq., Florida's Human Rights Act of 1977....
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 2002 WL 31557360
...Coop., Inc.,
701 So.2d 646, 647 (Fla. 5th DCA 1997). The FCRA prohibits an employer from discriminating against an employee based on a handicap, unless the absence of the handicapping condition is necessary based on a bona fide occupational qualification. §
760.10(1)(a), (8)(a) Fla....
CopyCited 12 times | Published | Florida 5th District Court of Appeal | 13 Fla. L. Weekly 1490, 1988 Fla. App. LEXIS 2663, 46 Empl. Prac. Dec. (CCH) 38, 072, 1988 WL 62663
...ue coming to the plant to see Petitioner. National had a legitimate interest in protecting company property and employees from Robert Morand. While this action would seem unfair to Sharon Morand, even `unfair' action is not an automatic violation of Section 760.10(1)(a) Florida Statutes....
...National believed that the presence of Sharon Morand, married or unmarried, increased the likelihood of the presence of Robert Morand. Consequently, under the most liberal interpretation of `marital status' Petitioner failed to establish a prima facie case of discrimination within the meaning of Section 760.10(1)(a) Florida Statutes....
...r's findings of fact. The Commission counters that its reversal was proper, since only the hearing officer's erroneous conclusion of law as to what encompassed the protected marital status was rejected. At issue in this case is the interpretation of section 760.10(1)(a), Florida Statutes (1985), which provides as follows: (1) It is an unlawful employment practice for an employer: (a) To discharge or to fail or refuse to hire any individual, or otherwise to discriminate against any individual wit...
...have allowed for an action for marital status discrimination based on the failure of an employer to hire a woman because of her husband's political views. Thus, even a broad interpretation of "marital status" does not encompass the instant case. [2] Section
760.10(8)(a), Florida Statutes (1985), provides: (8) Notwithstanding any other provision of this section, it is not an unlawful employment practice under ss.
760.01-
760.10 for an employer, employment agency, labor organization, or joint labor-management committee to: (a) Take or fail to take any action on the basis of religion, sex, national origin, age, handicap, or marital status in those certain instances in...
CopyCited 12 times | Published | District Court, S.D. Florida | 7 Am. Disabilities Cas. (BNA) 1523, 1997 U.S. Dist. LEXIS 21475, 1997 WL 817204
Florida Statutes) and The Florida Civil Rights Act (§ 760-10, Florida Statutes). II. DISCUSSION In the instant
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 FCRA makes it "an unlawful employment practice for an employer . . . to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, national origin, age, handicap, or marital status." Fla.Stat. § 760.10(1)(a) (emphasis added)....
...the general purposes states in this section and the special purposes of the particular provision involved." [2] Indeed, the defendants acknowledge that unlike Title VII, the FRCA permits individual liability in two discrete situations. See Fla.Stat. § 760.10(5) (prohibiting discrimination by persons, including individuals, against those seeking occupational or business licensure); Fla.Stat....
...§
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.
760.10(5), the person responsible for the violation and describing the violation....
CopyCited 11 times | Published | District Court, M.D. Florida | 2013 WL 6085137, 2013 U.S. Dist. LEXIS 164730
...d). On August 5, 2013, Plaintiff brought the instant Complaint against Defendant in state court and the action was removed to this Court on August 28, 2013. Plaintiff brings Count I for age discrimination, alleging that Defendant violated Fla. Stat. § 760.10 (1)....
..., including lost wages and benefits, future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other non-pecuniary losses. Plaintiff brings Count II for handicap discrimination under Fla. Stat. § 760.10 (1)....
...benefits, future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other non-pecuniary losses. Plaintiff brings Count III for gender discrimination, alleging that Defendant violated Fla. Stat. § 760.10 (1)....
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
...Walt Disney World Co.,
704 F.2d 1527, 1528 (11th Cir.), cert. denied,
464 U.S. 982,
104 S.Ct. 425,
78 L.Ed.2d 360 (1983). To bring a private civil action under the FHRA, a plaintiff must file a charge of discrimination with the Florida Commission on Human Relations. Fla.Stat. §
760.10(12). This charge must be filed within 180 days following the alleged unlawful employment practice. Fla.Stat. §
760.10(10)....
CopyCited 10 times | Published | District Court, M.D. Florida | 1999 U.S. Dist. LEXIS 16919, 82 Fair Empl. Prac. Cas. (BNA) 1603, 1999 WL 997322
...he Florida Constitution, and negligent retention and supervision. Such allegations are in violation of 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 of 1992, as amended, § 760.10 et seq....
CopyCited 10 times | Published | Supreme Court of Florida | 46 Empl. Prac. Dec. (CCH) 37, 881
...Morrow subsequently received an annual contract for the 1982-83 school year, but in April, 1983, he was not rehired for the 1983-84 school year. Morrow filed a complaint with the Human Relations Commission, alleging an unlawful employment practice under section 760.10, Florida Statutes (1985)....
...not rehired. The Commission referred Morrow's complaint to the Department of Administrative Hearings to conduct an evidentiary hearing and submit a recommended order. The hearing officer agreed with Morrow that the school board had not complied with section 760.10 and recommended back wages, benefits, and a reevaluation of Morrow's employment request without reference to age....
...The opinion concluded that section 231.031 grants the school board the right to refuse to rehire a teacher on an annual contract solely because the teacher has reached age seventy. 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....
...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. Stat. (1985). We find that section 231.031 should be read in pari materia with section
760.10 and section
112.044, in a manner that gives effect to the purposes of all three statutory provisions....
...nnual reappointment in the manner prescribed by law" in section 231.031. This provision does not refer only to the procedural requirements of section 230.33(7), Florida Statutes (1985), but also encompasses the age discrimination protection found in section 760.10 of the Human Rights Act....
CopyCited 10 times | Published | Court of Appeals for the Eleventh Circuit
Florida Civil Rights Act (“FCRA”), Fla. Stat. §
760.10.1 Grant claims that he was denied training opportunities
CopyCited 10 times | Published | District Court, M.D. Florida | 2 Am. Disabilities Cas. (BNA) 299, 1992 U.S. Dist. LEXIS 17867, 61 Empl. Prac. Dec. (CCH) 42, 203, 60 Fair Empl. Prac. Cas. (BNA) 590, 1992 WL 349477
...29 U.S.C. § 794 (failure to give employee another position); 3) handicap discrimination in violation of 42 U.S.C. § 1983 and contrary to 29 U.S.C. § 794; 4) handicap discrimination in violation of the Florida Human Rights Act of 1977, as amended § 760.10, Fla.Stat....
...trial (Count V, ¶.) is therefore denied. THE FHRA Administrative Exhaustion The City of Clearwater contends that Count IV of Plaintiff's complaint alleging a cause of action under the Florida Human Rights Act of 1977 (hereinafter FHRA), as amended 760.10, Fla.Stat. (1991), should be dismissed because Plaintiff failed to file an administrative complaint with the Florida Commission on Human Relations (hereinafter FCHR). Section 760.10 of the FHRA provides, in pertinent part, as follows: (10) Any person aggrieved by a violation of this section may file a complaint with the commission within 180 days of the alleged violation ......
...civil action under subsection (12), finds that an unlawful employment practice has occurred, it shall issue an order prohibiting the practice and providing affirmative relief from the effects of the practice, including reasonable attorney's fees ... 760.10(10), (12), (13) Fla.Stat....
...urteenth Amendment of the United States Constitution. (Comp. ¶¶ 28, 43.) Additionally, Plaintiff asserts in Count III that the City of Clearwater, acted under color of law, contrary to Article I, Section 2 of the Florida Constitution and Fla.Stat. 760.10, by discriminating against Plaintiff on the basis of handicap....
...Title VII also explicitly states the damages available, whereas Title VI does not. [3] This holding is consistent with this Court's opinion in Trumbull v. Health Care and Retirement Corp. of America,
756 F.Supp. 532 (M.D.Fla.1991). In Trumbull, this Court construed
760.10(12), Fla.Stat....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 5318, 1996 WL 273640
...Miracle and Joseph F. Bohren, II of Law Offices of J.A. Setchel, Tampa, for Appellee. RYDER, Acting Chief Judge. Donald Davidson filed a complaint against his former employer, Iona-McGregor Fire Protection and Rescue District, alleging that it had violated section 760.10(1)(a), Florida Statutes (1991), by discriminating against him based on a perceived handicap....
...Davidson alleged that Iona-McGregor's demand that he reach a certain waist size was based on its perception that he was obese. He asserted that obesity is a handicap under the Florida Human Rights Act of 1977 (the "Act"), and that his termination *860 violated section 760.10(1)(a), Florida Statutes (1991)....
...The Act prohibits an employer from discharging an employee or discriminating against him with respect to the terms of employment based on a handicap, unless the absence of the handicapping condition is necessary based on a bona fide occupational qualification. § 760.10(1), (8), Fla.Stat....
...We now turn to whether Davidson exhausted his administrative remedies. Iona-McGregor terminated Davidson on May 8, 1991. The 1991 version of the Act, therefore, applies to this case. See ch. 92-177, Laws of Fla. ("[t]his act applies only to conduct occurring on or after October 1, 1992"). Section 760.10(10), Florida Statutes (1991), required the injured person to file a complaint with the Human Relations Commission within 180 days of the violation. In the event the Commission failed to conciliate or take final action on the complaint within 180 days, the injured person could bring a civil action against the employer. § 760.10(12), Fla.Stat....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1999 WL 543221
...future. In May, 1995, Kwiatek was granted a one-month leave of absence. On October 13, 1995, he filed a suit under the Florida Civil Rights Act of 1992 (FCRA) against McCaw alleging it had discriminated against him in violation of Florida Statutes, § 760.10, Fla....
CopyCited 9 times | Published | District Court, S.D. Florida | 1993 U.S. Dist. LEXIS 13868, 62 Fair Empl. Prac. Cas. (BNA) 1621, 1993 WL 387358
...This motion has been fully briefed and is now ripe for ruling. Introduction This action was brought by the plaintiff, Terry B. Nazon, against her former employer, Shearson Lehman Brothers, Inc. Her complaint, which is brought under the Florida Human Rights Act of 1977, as amended, Fla.Stat. § 760.10 et seq., and Florida tort law, alleges sexual harassment, invasion of privacy, and intentional infliction of emotional distress....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1997 WL 710317
...Levitt & Thomas Brice of Hogg, Allen, Norton & Blue, P.A., Tampa, for Appellee. THOMPSON, Judge. Carl P. Greene appeals the dismissal of his complaint against Seminole Electric Cooperative, Inc. ("SEC"). We reverse. Greene, who is morbidly obese, sued SEC, his employer, pursuant to section 760.10, Florida Statutes, the Florida Civil Rights Act of 1992 ("the Act"), which prohibits discrimination against the disabled....
...imination complaint. The court dismissed the complaint in part based on the court's determination that, unlike its federal counterparts, the Act protects only persons who actually are handicapped, and not persons who are perceived to have handicaps. Section
760.10 does not define "handicapped," but section
760.22(7)(a), part of the fair housing act, defines a handicapped person as one who "has a physical impairment which substantially limits one or more major life activities ......
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1057655
...Petersburg, for Appellee/Cross-Appellant. ALTENBERND, Chief Judge. John Ross appeals a summary final judgment dismissing his suit against his former employer, Jim Adams Ford, Inc., in which he alleged a violation of the Florida Civil Rights Act of 1992. See § 760.10(1)(a), Fla....
CopyCited 9 times | Published | Court of Appeals for the Eleventh Circuit
...Under the FCRA, it is unlawful for an employer to discriminate against any person, because that person has opposed any practice which is an unlawful employment practice under the FCRA, or because that person has made a charge or participated in any manner in an investigation, proceeding, or hearing under the FCRA. Fla. Stat. § 760.10 (7)....
CopyCited 9 times | Published | District Court, M.D. Florida | 36 Fair Empl. Prac. Cas. (BNA) 1815
...nt. As to Counts II and III, the Defendants urge dismissal based upon a statute of limitations argument. The parties agree that this Court must look to the most analogous state statute of limitations for guidance, and offer as alternatives Fla.Stat. §
760.10(10) (1983) (180 days for handicap discrimination); §
95.11(4)(c) (two years for action to recover lost wages); §
95.11(3)(f) (four years for action on statutory liability); and §
95.11(2)(b) (five years for contract action based upon written instrument)....
CopyCited 8 times | Published | District Court, M.D. Florida | 1995 WL 775079
...race discrimination, and retaliation. In paragraph 1 of the Complaint, Plaintiffs allege that their Complaint is brought under Title VII of the Civil Right Act of 1964, 42 U.S.C. Section 2000e-5, as amended, and the Florida Civil Rights Act of 1992, § 760.10, Fla.Stat. (1993). In order for Plaintiffs to maintain a claim under Chapter 760, § 760.10 (Fla.Stat....
...In Ali v. City of Clearwater,
807 F.Supp. 701, 703 (M.D.Fla.1992), this Court held that under Florida law, an employee was required to exhaust state administrative remedies before bringing state law claim for handicap discrimination. Florida Statutes, §
760.10 (1995) states, in pertinent part, as follows: (10) Any person aggrieved by a violation of this section may file a complaint with the commission within 180 days of the alleged violation ......
CopyCited 8 times | Published | District Court, S.D. Florida | 1 Am. Disabilities Cas. (BNA) 865, 1986 U.S. Dist. LEXIS 28193, 47 Fair Empl. Prac. Cas. (BNA) 83, 39 Empl. Prac. Dec. (CCH) 36, 012
...s employment in violation of the Human Rights Act of 1977. The Determination of Cause, FCHR No. 83-0842, found, on a preliminary basis, cause for Plaintiff's charge of discrimination and specifically found Plaintiff handicapped within the meaning of Section 760.10(1), Fla.Stat., by reason of his "convulsive disorder." The Determination of Cause cited the case of Fenesy v....
...n-the-job seizure. VI. Has Bechtel established the affirmative defense of a bona fide occupational qualification? Bechtel asserts that the absence of the Plaintiff's "handicap" was a bona fide occupational qualification (BFOQ). The Human Rights Act, § 760.10(8), Fla.Stat....
CopyCited 8 times | Published | District Court, S.D. Florida | 1995 U.S. Dist. LEXIS 21385, 1995 WL 908603
...City of Orlando,
931 F.2d 764, 772 (11th Cir.1991); Amy Dickinson v. Dan McCarty, et al.,
1994 WL 706979 (S.D.Fla. Aug. 1, 1994). Moreover, because federal case law under Title VII is applicable to claims filed under the Florida Human Rights Act ("FHRA"), §
760.10, Florida Statutes, individual capacity claims under the FHRA are likewise inappropriate....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 485, 114 Fair Empl. Prac. Cas. (BNA) 354, 2012 WL 126784
...a thirty minute newscast. Sunbeam also reduced the support personnel for medical news. On May 24, 2006, Mitzel filed a Charge of Discrimination form with the FCHR and the EEOC claiming a violation of the Florida Civil Rights Act (“FCRA”). 3 See § 760.10, Fla....
...Mitzel (“Mitzel”) is a 53-year-old woman who worked as a broadcast journalist for Sunbeam Television Corp. (WSVN-TV) for approximately 17 years. She is protected by the age-discrimination provision of the Florida Civil Rights Act of 1992, §§
760.01, et seq., Fla. Stat. (2007). [[Image here]] 6. Section
760.10(l)(a), Fla....
...Sunbeam offered Mitzel no reason for terminating her other than the station was “changing directions” in its health-care reporting [.] 14. Sunbeam’s termination of Mit-zel was based on Mitzel’s age, and constituted discrimination as envisioned *869 and proscribed by § 760.10(l)(a), Fla....
...Because we agree with this argument, we reverse and remand for reconsideration of this case solely on the issue of age discrimination. The Florida Civil Rights Act of 1992 (FCRA), prohibits discrimination in the workplace because of an individual’s race, color, sex, national origin, age, handicap, or marital status. See § 760.10, et....
...In 1994, Sunbeam removed from Mitzel’s contract the term "medical reporter.” . FCRA protects employees from age discrimination in the workplace. It provides, in pertinent part, that it is unlawful for an employer to discriminate against any individual "because of’’ such individual's age. § 760.10(l)(a), Fla....
CopyCited 8 times | Published | Supreme Court of Florida | 14 Fla. L. Weekly 415, 1989 Fla. LEXIS 826, 1989 WL 101543
...This case presents the issue of whether the two-year statute of limitations contained in section
95.11(4)(c), Florida Statutes (1983), or the four-year statute of limitations contained in section
95.11(3)(f), Florida Statutes (1983), governs claims brought under section
760.10, Florida Statutes (1983). We hold that the four-year statute of limitations governs. Pursuant to section
760.10, petitioner Hullinger filed a complaint with the Florida Commission on Human Relations alleging that his employment with Ryder Truck Rental, Inc., was wrongfully terminated because of his age....
...Reasoning that the legislature had created a limited statutory cause of action for retaliatory discharge which was not recognized at common law, we held that the claim was controlled by section
95.11(3)(f). Hullinger claims that he was wrongfully discharged in violation of section
760.10, which makes it unlawful for an employer to discharge an employee because of his age....
...The fact that his damages may include or even be limited to recovery for such quantifiable injuries as the wages he lost had he not been discharged does not mean that his claim is one "to recover wages." Because the basis for Hullinger's cause of action is section
760.10, the applicable statute of limitations is section
95.11(3)(f) pertaining to "an action founded on a statutory liability." We quash the decision below and remand for further proceedings. It is so ordered. EHRLICH, C.J., and OVERTON, McDONALD, SHAW, BARKETT and KOGAN, JJ., concur. NOTES [1] Section
760.10(12), Florida Statutes (1983), authorizes the institution of a civil action if the Commission fails to act on a complaint within 180 days of filing....
CopyCited 7 times | Published | District Court, S.D. Florida | 1997 U.S. Dist. LEXIS 21903, 75 Fair Empl. Prac. Cas. (BNA) 1203, 1997 WL 809691
...See Brand v. Florida Power Corp.,
633 So.2d 504 (Fla. 1st DCA 1994). Therefore, federal case law dealing with Title VII of the Civil Rights Act of 1964, *1205 42 U.S.C. § 2000e-2, is applicable to claims of violations of Florida's Civil Rights Act, Fla.St. §
760.10, Florida Dept....
CopyCited 7 times | Published | District Court, S.D. Florida | 1999 U.S. Dist. LEXIS 5529, 1999 WL 228745
...discrimination under the Florida Act. Like the ADA, the Florida Act prohibits employers covered by the statute from engaging in practices that discriminate against employees on the basis of, among other things, physical and mental disabilities. See § 760.10(1), Fla.Stat....
CopyCited 7 times | Published | District Court, S.D. Florida | 1995 U.S. Dist. LEXIS 21118, 1995 WL 793689
...Plaintiff was employed as a maintenance worker with defendant from 1985 until his termination in 1992. This action arises out of his termination. Specifically, plaintiff alleges that defendant terminated him on account of his handicap and/or perceived handicap in violation of 1) The Florida Human Rights Act, Fla.Stat. 760.10, 2) The Rehabilitation Act of 1973, 29 U.S.C....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2006 WL 3452403
...Hinton initially filed a complaint against Supervision alleging claims of sexual harassment and retaliation in violation of The Florida Civil Rights Act, Chapter 760 of the Florida Statutes. Hinton later amended her complaint by dropping her claim for sexual harassment, thereby making her claim of retaliation, pursuant to section 760.10(7) of the Florida Statutes, the sole basis of her lawsuit....
...r $10,000 in damages for back pay. Thereafter, Supervision moved for a JNOV. The trial court granted the motion and entered judgment against Hinton. On appeal, Hinton claims that the trial court erred in granting Supervision's JNOV motion. We agree. Section 760.10(7) of the Florida Statutes provides as follows: 760.10....
...person has opposed any practice which is an unlawful employment practice under this section, or because that person has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this section. §
760.10(7), Fla. Stat. (2003). In Guess v. City of Miramar,
889 So.2d 840 (Fla. 4th DCA 2005), the Fourth District explained: Section
760.10(7), Florida Statutes, is virtually identical to its Federal Title VII counterpart, 42 U.S.C....
...use the employee "has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter." See Id. Here, Hinton claims that her activities were protected by the participation clause of section 760.10(7) of the Florida Statutes....
CopyCited 7 times | Published | District Court, S.D. Florida | 2013 WL 1748789, 2013 U.S. Dist. LEXIS 57947
...discharge claims if the facts of the EEOC charge are inextricably intertwined with the facts of the discharge. See Gregory,
355 F.3d at 1280 . And unlike Title VII, the FCRA also encompasses discrimina *1364 tion based on disability. See Fla. Stat. §
760.10 ....
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
...r erred in concluding that the period for filing the complaint commenced on November 16, 1985, rather than on the date the appellee's resignation was officially accepted, i.e., November 19, 1985. A final order finding that the appellant had violated section 760.10(1)(a), Florida Statutes (1985), and ordering the appellant to reinstate the appellee was filed on May 22, 1988....
...Cook's complaint was filed pursuant to Florida's Human Rights Act of 1977. §
760.01(1), Fla. Stat. (1985). The complaint alleged that the appellant had committed an unlawful employment practice by discriminating against her because of her marital status. §
760.10(1)(a)....
...the appellant's board of directors voted to enforce the appellant's policy providing that if two employees married, one of them would be terminated and informed the appellee and her husband that one of them would have to terminate their employment. Section 760.10(10), Florida Statutes (1985), requires a complaint to be filed within 180 days of the alleged violation....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 17271, 31 Fla. L. Weekly Fed. D 2576
...novo. See Volusia County v. Aberdeen at Ormond Beach, L.P.,
760 So. 2d 126 (Fla. 2000). Sexual harassment is a form of sex discrimination prohibited by the Florida Civil Rights Act, so that an employee may assert a claim for sexual harassment under section
760.10, Florida Statutes (2003)....
...ination and discrimination against any individual with respect to his or her compensation, terms, conditions or privileges of employment, on the basis of "race, color, religion, sex, national origin, age, absence of handicap, or marital status." See § 760.10, Fla....
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit
PER CURIAM: Deborah Wineberger appeals the district court’s grant of summary judgment in favor of RaceTrac Petroleum on her age discrimination claim under the Florida Civil Rights Act, Fla. Stat. § 760.10 (l)(a)....
...judgment as a matter of law. See Fed. R. Civ. P. 56(a); Celotex Corp. v. Catrett,
477 U.S. 317, 322 ,
106 S.Ct. 2548 ,
91 L.Ed.2d 265 (1986). The FCRA prohibits an employer from discriminating against an employee on the basis of age. See Fla. Stat. §
760.10 (1)(a)....
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
...The heart of the statute is a provision making it an unlawful employment practice to discharge or otherwise discriminate against any person in employment because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status. § 760.10(1)(a), Fla. Stat. (2004). A supplementary provision makes it unlawful for an employer to discriminate against any person because that person has opposed an unlawful employment practice under the act. § 760.10(7), 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
...aim, the court must deny the motion. Owens v. Dep't of Highway Safety and Motor Vehicles,
572 So.2d 953, 955 (Fla. 5th DCA 1990). Here, no reasonable interpretation of the evidence supports Guess's claim. The anti-retaliatory provisions of the FCRA, section
760.10, Florida Statutes (1999), [2] provide: It is an unlawful employment practice for an employer ......
...t Guess only on the Whistle-blower's Act claim. POLEN and MAY, JJ., concur. NOTES [1] Apparently, the City was not required to obtain bids for this contract. The City also had the option to extend the existing independent contractor's agreement. [2] Section 760.10(7), Florida Statutes, is virtually identical to its Federal Title VII counterpart, 42 U.S.C....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1993 WL 462002
...Thus, the federal ADEA claim could have been pursued in state court had the claim been timely asserted. [2] On appeal from the dismissal, this court upheld the trial court's conclusion that a two-year statute of limitations governs claims brought under section 760.10....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2012 WL 1859108, 2012 Fla. App. LEXIS 8252
...The complaint alleged race discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. (“Title VII”), the Civil Rights Act of 1866, 42 U.S.C. § 1981 , and the Florida Civil Rights Act (“FCRA”), Florida Statute § 760.10, et seq....
CopyCited 6 times | Published | District Court, S.D. Florida | 2003 U.S. Dist. LEXIS 11159
...Based upon the plain meaning of the FCRA's statutory language and binding Eleventh Circuit precedent, the Court finds that it does. Under the FCRA it is "an unlawful employment practice for an employer [t]o discharge... any individual ... because of such individual's ... religion." Fla. Stat. § 760.10(1)(a)....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1998 WL 335789
...THE GOLF CHANNEL, by and through the above described actions of its employee and officer, MIKE WHELAN, was in violation of laws, rules and regulations including, but not limited to, Title VII of the Civil Rights Act of 1964 and/or Florida Statutes § 760.10 for the sexual harassment of female employees; 8....
...he could amend the complaint and add an allegation referring to a written notice given on May 19, 1997. However, if notice is required at all, it would appear that the notice must be pre-suit. This notice in 1997 was after the lawsuit was filed. [2] Section 760.10(7) provides that it is an unlawful employment practice for an employer to discriminate against any person because that person has opposed any unlawful employment practice or has testified, assisted or participated in any investigation...
CopyCited 6 times | Published | District Court, N.D. Florida | 1995 U.S. Dist. LEXIS 11518, 1995 WL 465831
...The defendant's motion to dismiss Count II of the amended complaint is DENIED. DONE AND ORDERED. NOTES [1] The Florida Civil Rights Act originated from the Florida Human Rights Act. However, the substantive prohibitions against age discrimination in the two Acts are identical. Compare § 760.10(1)(a), Fla.Stat. (1993), with § 760.10(1)(a), Fla.Stat....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1990 Fla. App. LEXIS 404, 55 Fair Empl. Prac. Cas. (BNA) 1562, 1990 WL 3650
...However, the statute apparently does not permit recovery of economic damages, therefore, 14 is irrelevant. In concluding that the Act does not authorize back pay awards, the hearing officer misconstrued what we consider to be plainly stated to the contrary. Section 760.10(13) provides in part: "No liability for back pay shall accrue from a date more than 2 years prior to the filing of a complaint with the commission." Additionally, as this court observed in School Bd....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 15889, 2004 WL 2390023
...Dolin of Rothstein, Rosenfeldt, Dolin & Pancier, P.A., Fort Lauderdale, for appellee. WARNER, J. Appellant, Shirail Natson, appeals a directed verdict in favor of Eckerd Corporation on her claim for sexual harassment in violation of the Florida Civil Rights Act, section 760.10, Florida Statutes (2002)....
...5th DCA 2003). Where there is conflicting evidence or different reasonable inferences may be drawn from the evidence, then the factual issues must be submitted to the jury. Tenny,
858 So.2d at 1196. An employee may assert a claim for sexual harassment under section
760.10, Florida Statutes (2002). "The Florida Civil Rights Act is patterned after Title VII, and therefore federal case law regarding Title VII is applicable." Castleberry v. Edward M. Chadbourne, Inc.,
810 So.2d 1028, 1030 n. 3 (Fla. 1st DCA 2002). Specifically, section
760.10, Florida Statutes (2002), provides: (1) It is an unlawful employment practice for an employer: (a) To discharge or to fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to compensati...
CopyCited 5 times | Published | District Court, S.D. Florida | 1998 U.S. Dist. LEXIS 17490, 80 Fair Empl. Prac. Cas. (BNA) 1617, 1998 WL 764791
...For this reason, there is no genuine issue of material fact concerning Plaintiff's Title VII retaliation claim, and summary judgment must be granted. (3) Florida Civil Rights Act Plaintiff also brings claims against Defendant City under Florida's Civil Rights Act, Fla. Stat. § 760.10 (1998) ("FCRA")....
...IV. Conclusion Based on the foregoing, it is ORDERED AND ADJUDGED that Defendants' Motion for Summary Judgment (filed February 25, 1998, DE # 14) be, and the same is hereby, GRANTED. NOTES [1] 42 U.S.C. §§ 2000e to 2000e-17 (1998). [2] Fla. Stat. § 760.10 (1998)....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2000 WL 1532864
...unable to work for an indefinite period. Although Tourville was cleared to return to work in April, 1993, he never sought reemployment with appellee. If appellee terminated Tourville's employment, such a discharge of Tourville was not unlawful under section 760.10(8)(a), Florida Statutes (1993), since his hospitalization and illness prevented him from performing the physical requirements of his job as an on-site security guard, even with reasonable accommodation....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...Walt Disney World
Co.,
999 So. 2d 669, 671 (Fla. 5th DCA 2008) (quoting St. Johns River
Water Mgmt. Dist. v. Fernberg Geological Servs.,
784 So. 2d 500, 504 (Fla.
5th DCA 2001)).
The Employee’s retaliation claim was brought pursuant to the FCRA,
more specifically, section
760.10(7), Florida Statutes (2016), which states:
(7) It is an unlawful employment practice for an employer, an
employment agency, a joint labor-management committee, or
a labor organization to discriminate against any pers...
...actice which is an
unlawful employment practice under this section, or because
that person has made a charge, testified, assisted, or
participated in any manner in an investigation, proceeding, or
hearing under this section.
§ 760.10(7), Fla. Stat. (2016). To establish a prima facie claim for
retaliation under section 760.10(7), a plaintiff must demonstrate that: (1)
5
he or she engaged in statutorily protected activity; (2) he or she suffered
an adverse employment action; and (3) there is a causal relation between
the two events....
CopyCited 5 times | Published | District Court, M.D. Florida | 2015 U.S. Dist. LEXIS 40340, 2015 WL 1456661
...¶¶ 22, 26. Based on Elmore’s alleged actions, Arnold filed the instant action seeking damages and reinstatement. See generally Complaint. In Count One of her Complaint, Arnold asserts a claim against Heartland for sex discrimination in violation of section 760.10 of the Florida Statutes, or the Florida Civil Rights Act *1223 (FCRA)....
...at 678 ,
129 S.Ct. 1937 (quoting Twombly,
550 U.S. at 570 ,
127 S.Ct. 1955 ). III. Discussion Because Arnold asserts claims for sex discrimination and retaliation under the FCRA, the statutory provisions relevant to her claims are Florida Statutes sections
760.10(1)(a) (Count One) and
760.10(7) (Count Two). Section
760.10(1)(a) makes it an unlawful employment practice for an employer “[t]o discharge or to fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, national origin, age, handicap, or marital status.” Section
760.10(7) of the FCRA provides that: It is an unlawful employment practice for an employer ......
...to discriminate against any person because that person has opposed any practice which is an unlawful employment practice under this section, or because that person has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this section. Fla. Stat. § 760.10 (7)....
...he engaged in statutorily protected conduct, because sexual orientation *1227 discrimination is not unlawful and because she fails to allege that she complained about discrimination based on sex. Arnold asserts a claim under the opposition clause of section 760.10(7), which prohibits an employer from discriminating “against any person because that person has opposed any practice which is an unlawful employment practice under” the FCRA....
CopyCited 5 times | Published | District Court, M.D. Florida | 2002 U.S. Dist. LEXIS 12194, 83 Empl. Prac. Dec. (CCH) 41, 133, 2002 WL 1447931
...under the Florida Civil Rights Act of 1992; (4) a retaliation claim under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e-3(a); and (5) a retaliation claim under the Florida Civil Rights Act of 1992, Florida Statutes, Section 760.10(7)....
CopyCited 5 times | Published | District Court, S.D. Florida | 1993 U.S. Dist. LEXIS 20834, 1994 WL 745661
...§ 2000e, et seq., the Civil Rights Act of 1991, 42 U.S.C. § 1981a, and the Reconstruction Era Civil Rights Act, 42 U.S.C. § 1981, as well as pendant state law claims sounding in tort and arising under the Florida Human Rights Act, Florida Statutes § 760.10....
...idual capacities for Title VII violations must fail. Moreover, at the Conference held on November 5, 1993, Plaintiff conceded that her claims against these defendants in their individual capacities for violations of the Florida Human Rights Act, FSA § 760.10, must fail should the Court find that dismissal of her Title VII claims against the individual defendants is proper....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2008 WL 183397
...to discriminate against any person because that person has opposed any practice which is an unlawful employment practice under this section, or because that person has made a charge, testified, assisted, or participated in any manner in an investigation under this section. § 760.10(7), Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1999 Fla. App. LEXIS 4622, 1999 WL 71523
...Printy, Tallahassee, for Appellant. Elinor E. Baxter, of Walters, Levine, Brown, Klingensmith & Milonas, P.A., Sarasota, for Appellee. BROWNING, J. Deneace Joshua ("Appellant") appeals the trial court's order finding her claim to be time-barred pursuant to section 760.10, Florida Statutes (1995), and dismissing her complaint with prejudice....
...laint" with the Florida Commission on Human Relations ("Commission") "within 365 days of the alleged violation" of the Act. On July 21, 1995, Appellant, an African-American female, filed a timely complaint with the Commission alleging a violation of section 760.10, Florida Statutes (governing "unlawful employment practices"), in that her employer, the City of Gainesville ("Appellee"), allegedly retaliated for her having previously filed a discrimination charge....
...ears to file from the date of the discriminatory or retaliatory act, i.e., four years from May 1995, and that the trial court erred in dismissing her claim with prejudice. In Hullinger, Mr. Hullinger filed a complaint with the Commission pursuant to section 760.10, Florida Statutes (1983), alleging wrongful termination based on his age. Section 760.10(12), Florida Statutes (1983), authorized bringing a civil action if the Commission failed to act on a complaint within 180 days of filing....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1989 WL 12444
...Both cases were originally commenced by appellants filing complaints with the Commission on Human Relations. Appellant Zeigler alleged that Quincy Telephone had terminated his employment based upon his race (black), in violation of the Human Rights Act of 1977, Sections
760.01-
760.10, Florida Statutes (1983)....
...After the completion of the evidentiary hearings, pursuant to the procedure provided in Chapter 120, Florida Statutes (1983), recommended orders of dismissal were entered, but, prior to final agency action in both of the above cases, appellants filed complaints in circuit court, pursuant to the authority of section 760.10(12), allowing an aggrieved party to bring an action in circuit court, upon the agency's failure to achieve resolution of the dispute through conciliation or final agency action within 180 days from the filing of the complaint. The statute specifically provides that "[t]he commencement of such action ... divest[s] the commission of jurisdiction of such complaint... ." § 760.10(12), Fla....
...t support the summary judgment entered by the court below. In addition, however, I believe that the statutory scheme precludes reliance on any part of the administrative proceeding that did not become final before expiration of the statutory period. Section 760.10(12) has not been previously construed in an appellate opinion to my knowledge....
CopyCited 5 times | Published | Court of Appeals for the Eleventh Circuit | 42 Fed. R. Serv. 3d 380, 1998 U.S. App. LEXIS 30967, 74 Empl. Prac. Dec. (CCH) 45, 671, 78 Fair Empl. Prac. Cas. (BNA) 1081
...force with an inmate, and entering a cell without another corrections officer.
2
complaint alleges that Orange County terminated him because of his age in violation of the ADEA
and Florida's Human Rights law, Fla. Stat. 760.10....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2002 WL 31695823
...ppeal. For the stated reasons, we reverse the convictions and remand for a new trial. NOTES [*] We can understand how the trial court reached this conclusion, given that legislation exists which prohibits age discrimination in employment. See, e.g., § 760.10, Fla....
CopyCited 4 times | Published | District Court, S.D. Florida | 2006 U.S. Dist. LEXIS 89600, 2006 WL 3615153
...D") retaliated against her when it refused to hire *1263 her as a police dispatcher or police complaint officer, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e ("Title VII") and the Florida Civil Rights Act, Fla. Stat. § 760.10 ("FCRA")....
CopyCited 4 times | Published | District Court, M.D. Florida | 2001 U.S. Dist. LEXIS 2484
...3 (11th Cir.1989); Gamble,
779 F.2d 1509. To the contrary, subsection
768.28(16) declares the legislature's intention that Florida statutes not be construed to waive Eleventh Amendment immunity unless they explicitly waive immunity from suit in federal court. While Fla. Stat. §
760.10 applies on its face to governmental entities or agencies, see §
760.02(6)-(7); §
760.10, § 760 contains no express waiver of Eleventh Amendment immunity from suit in federal court....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 4356, 111 Fair Empl. Prac. Cas. (BNA) 1800, 2011 WL 1135359
...e workplace, and provides, in part, “It is an unlawful employment practice for an employer to discharge or to fail or refuse to hire any individual, or otherwise to discriminate against any individual ... because of such individual’s race ....”§ 760.10(l)(a), Fla....
...FIU’s Motion for Directed Verdict on this claim should have been granted. RETALIATION CLAIM “It is an unlawful employment practice for an employer ... to discriminate against any person because that person has opposed any practice which is an unlawful employment practice under [section 760.10].” § 760.10(7), Fla....
CopyCited 4 times | Published | District Court, M.D. Florida | 15 Employee Benefits Cas. (BNA) 1040, 1992 U.S. Dist. LEXIS 3530, 1992 WL 59028
...This action also includes claims for age discrimination brought under the Fourteenth Amendment to the United States Constitution; Article III, section 2, of the Florida Constitution; the Florida Age Discrimination in Employment Act (FL-ADEA) (§
112.044, Fla.Stat.); and the Florida Human Rights Act of 1977 (FHRA) (§
760.10, Fla.Stat.)....
...The FLSA representative action procedure requires that each party plaintiff file a written consent with the court in order to "opt-in" to the action. Section 216(b) is incorporated by reference into the ADEA in 29 U.S.C. § 626(b). [9] 29 U.S.C. § 621 et seq. [10] Florida Statutes §
112.044 (1991). [11] Florida Statutes §
760.10 (1991)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 785, 2008 WL 199897
...United Space Alliance, LLC,
494 F.3d 1306 (11th Cir.2007); cf. Moran v. City of Lakeland,
694 So.2d 886 (Fla. 2d DCA 1997). Accordingly, we affirm the order of the trial court denying Yoder Brothers' motion for attorney's fees. Affirmed. SALCINES and WALLACE, JJ., concur. NOTES [1] §
760.10, Fla....
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
...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. The Florida Civil Rights Act of 1992 (FCRA) provides in section
760.10: It is an unlawful employment practice for an employer: (a) to discharge or to fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of...
...ainst pregnant employees is sex-based discrimination. The protections afforded by Title VII and the PDA cannot be eroded by the Florida Act which does not contain a similar provision. Thus, we conclude that the Florida Human Rights Act, specifically Section 760.10, Florida Statutes, is pre-empted by Title VII of the Civil Rights Act of 1984, 42 U.S.C....
CopyCited 4 times | Published | District Court, S.D. Florida | 1998 U.S. Dist. LEXIS 21725, 1998 WL 966004
...Hospital") Motion for Summary Judgment (the "Motion"). Plaintiff Carl M. Goldsmith sued the Hospital alleging violations of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq., and the Florida Civil Rights Act ("FCRA"), Fla.Stat. § 760.10 et seq....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 13 Fla. L. Weekly 3, 1987 Fla. App. LEXIS 11695, 1987 WL 3174
...tations, section
95.11(4)(c), Florida Statutes. Under that section, an action to recover wages or overtime or penalties or damages concerning paying of wages or overtime must be brought within two years. Hullinger sued Ryder, alleging a violation of section
760.10, Florida Statutes, in that he had been wrongfully terminated solely as a result of his age....
...Hullinger contends the four year statute of limitations for violations based upon a statutory liability [1] applies because he sought more than just the recovery of wages. Ryder argues that the two year statute of limitations in section
95.11(4)(c) governs claims under section
760.10 because this is the most analogous statute of limitations. Ryder points out that although there is not an internal statute of limitations governing civil actions brought under section
760.10, that statute does provide in section
760.10(13) that liability for back pay shall not accrue from a date more than two years prior to filing a complaint with a commission....
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
...f the limitations period, the defendant is entitled to summary judgment as to all of Plaintiff's Title VII claims for failure to promote. Similarly, the alleged violations of the Florida Civil Rights Act are also time-barred. To assert a claim under § 760.10, Plaintiff must first have filed a charge of discrimination with the Florida Commission on Human Rights ("FCHR") within 365 days of the alleged violation....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 11586, 2009 WL 2513875
...It provides, in pertinent part: "It is an unlawful employment practice for an employer: To discharge ... or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual's... sex." § 760.10(1)(a), Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2001 WL 359677
...She was terminated by First Union on November 5, 1991, ostensibly for failure to meet performance standards. At that time she was 44 years of age. First Union kept her on the payroll through December 31, 1991. Ruiz claimed age discrimination under the Florida Civil Rights Act (FCRA), section 760.10, and the Age Discrimination in Employment Act (ADEA), 29 U.S.C....
CopyCited 3 times | Published | District Court, S.D. Florida | 2001 U.S. Dist. LEXIS 16776, 2001 WL 1217309
...abor Standards Act of 1938, as amended, 29 U.S.C. § 216 (b) (“FLSA”), the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621 , et seq. (“ADEA”), and the age discrimination in employment provisions of Florida Statutes § 760.10....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2008 WL 4180337
...Carter's action against HMA at the pleading stage. Thus our task is relatively straightforward we must decide whether Ms. Carter's complaint stated a cause of action for retaliation under the FCRA. In considering the issue of the sufficiency of Ms. Carter's complaint, we will briefly review section 760.10(7), Florida Statutes (2006), the FCRA's retaliation provision....
...Next, we will determine whether Ms. Carter's claim should be analyzed as an "opposition" claim or as a "participation" claim under this section. Because we conclude that Ms. Carter's complaint proceeds under the participation clause rather than the opposition clause of section 760.10(7), we will review the minimum requirements that must be alleged to state a cause of action under the participation clause....
...to discriminate against any person because that person has opposed any practice which is an unlawful employment practice under this section, or because that person has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this section. § 760.10(7)....
...Carter's cause of action as a participation claim rather than as an opposition claim. The FCRA's participation clause protects an employee from retaliation if he or she "made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under [the FCRA]." §
760.10(7); Guess,
889 So.2d at 846....
...Carter's position impermissibly expands the reach of the statute to cover conduct that the legislature did not deem worthy of statutory protection. HMA warns that the logical conclusion of this approach to the FCRA would be to authorize Ms. Carter to "sue an employer under Section 760.10(7) who dismissed her after she brought a charge that the employer discriminated against her for wearing purple shoes." To be sure, such a result would be absurd....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...in the
section of the charging document titled “Discrimination Based On,” Buade
checked only the box labeled “Sex,”1 leaving the “Retaliation” box unchecked. On
April 23, 2012, Buade filed a two-count complaint alleging a violation of section
760.10, Florida Statutes (2017), for sex discrimination (Count I) and retaliation
1 In the section requesting the latest act of discrimination, Buade provided the date
“December 8, 2010,” without explanation or context....
CopyCited 3 times | Published | District Court, M.D. Florida | 2015 U.S. Dist. LEXIS 150408, 99 Empl. Prac. Dec. (CCH) 45, 441, 2015 WL 6750849
...uring the relevant time, Scott’s gender discrimination claims fail as a matter of law. Title VII and the FCRA prohibit employment discrimination on the basis of race, color, religion, sex, or national origin. 42 U.S.C. § 2000e 2(a)(1); Fla. Stat. § 760.10 (1)....
CopyCited 3 times | Published | District Court, S.D. Florida | 1996 U.S. Dist. LEXIS 15887, 1996 WL 444572
...§ 12111(5), ("ADA") (Count I); the Civil Rights Act of 1964, as amended, 42 U.S.C.A. § 2000e ("Title VII") (Count II); the Age Discrimination in Employment Act of 1967, 29 U.S.C.A. § 621 ("ADEA") (Count III); the Fair Labor Standards Act, 29 U.S.C.A. § 207 ("FLSA") (Count IV); violations of Fla Stat.Ann. § 760.10 (Counts I & II); and violations of Florida common law for intentional infliction of emotional distress and negligent infliction of emotional distress (Counts V & VI)....
...itle VII or ADEA interpretations. Id. As such, this Court is confident that individual capacity suits may not be brought under any of the Federal statutes involved in this case, and should be dismissed. Given Florida interpretations of Fla.Stat.Ann. § 760.10, this Court is likewise confident that individual capacity suits may not be brought under it....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 2007 U.S. App. LEXIS 11354, 89 Empl. Prac. Dec. (CCH) 42, 839, 100 Fair Empl. Prac. Cas. (BNA) 1083, 2007 WL 1412570
...law claims, which is as it
should be. The substantive prohibitions of Title VII and the Florida Civil Rights
Act are not importantly different–indeed, the Florida CRA apes the relevant
language of Title VII almost perfectly, compare Fla. Stat. § 760.10(a)(1) with 42
2
U.S.C....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2008 WL 724180
...individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, national origin, age, handicap, or marital status. § 760.10(1)(a), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 11966, 115 Fair Empl. Prac. Cas. (BNA) 1123, 2012 WL 3022986
SCHWARTZ, Senior Judge. The discrete, single issue in this case is whether the Florida Civil Rights Act, section 760.10, Florida Statute, 1 prohibits discrimination in employment on the basis of pregnancy....
...de pregnancy-based discrimination in the FCRA.”); Hammons v. Durango Steakhouse of Bradenton, No. 8:01-CV-2165-T-23MAP (M.D.Fla. Mar. 7, 2002). We certify conflict with Carsillo . Affirmed. . The Florida Civil Rights Act of 1992 (FCRA) provides in section 760.10: It is an unlawful employment practice for an employer: (a) to discharge or to fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of...
CopyCited 3 times | Published | District Court, M.D. Florida | 2006 U.S. Dist. LEXIS 3748, 2006 WL 229503
...( See Doc. 1). Duffy's Complaint appears at Doc. 2. [2] Lowe's employs a sufficient number of employees to meet the definition of an "employer" found in Florida Statutes section
760.02(7), and is thus subject to the provisions of the FCRA, specifically section
760.10 which is entitled "Unlawful employment practices." F.S. §§
760.02;
760.10....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 41 Fair Empl. Prac. Cas. (BNA) 419
...Upon the filing of the petition, we issued a rule to show cause and temporarily stayed all proceedings. We have considered the response and now deny the writ and vacate the stay. Linda H. Williams filed a petition with the Commission on Human Relations pursuant to the Human Rights Act of 1977, Florida Statutes §§
760.01-
760.10 (1983)....
...The respondents, as the commissioners of the Florida Commission on Human Relations, the Commission itself and the complainant Linda Williams all contend, essentially, that the proceedings are governed by the Human Rights Act of 1977, which affords at least concurrent jurisdiction in such matters to the Commission. Section 760.10 provides, in pertinent part: (1) It is an unlawful employment practice for an employer: (a) To discharge or to fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to compensation, ter...
...overnmental entity or agency. Section
760.06 endows the Commission with the power to: (5) To receive, initiate, investigate, seek to conciliate, hold hearings on, and act upon complaints alleging any discriminatory practice, as defined by ss.
760.01-
760.10....
...They part company on the question of where jurisdiction lies to hear Linda Williams' complaint. The relator contends that exclusive jurisdiction is vested in the circuit court pursuant to section
112.042, whereas respondents contend that, at the very least, there is concurrent jurisdiction under sections
760.01-
760.10....
...Thus, the statutes each seem to have their own concurrent spheres of operation. Section
112.042 proscribes discrimination because of race, color, sex, religious creed or national origin if the individual discriminated against is the most competent and able to perform the services required. Section
760.10, on the other hand, additionally proscribes discrimination because of age, handicap or marital status, and does not require any showing that the person allegedly discriminated against is the most competent and able to perform the services required....
...specifically than does the Human Rights Act of 1977, we see no legislative intent that the former divests the Commission of its authority to consider the complaint. Thus, the Commission on Human Relations does have jurisdiction under sections
760.01-
760.10 to hear the complaint....
...e. It is true, as contended by petitioner, that section
112.042, Florida Statutes (1983), originally enacted in 1969, comprehends only discrimination in regard to county and municipal employment, whereas the Human Rights Act of 1977, sections
760.01-
760.10, proscribes discrimination by any employer....
...e that the 1977 act grants to the Commission on Human Relations at least concurrent jurisdiction with the Circuit Court in regard to county and municipal employers. The second ground raised by the motion for rehearing challenges our observation that section 760.10 "does not require any showing that the person allegedly discriminated against is the most competent and able to perform the services required." In making this observation, we do not imply that competency and ability are irrelevant considerations in discrimination cases....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 41 Fair Empl. Prac. Cas. (BNA) 271, 11 Fla. L. Weekly 293, 1986 Fla. App. LEXIS 6023
...Butler & Pettit and Charles Pettit, Fort Lauderdale, for appellant. Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick and David Kornreich, Miami, for appellee. Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ. PER CURIAM. Assuming arguendo that the plaintiff's diabetes was a "handicap" under section 760.10(1)(a), Florida Statutes (1983), which forbids an employer from discriminating on such a basis, see School Board of Pinellas County v....
...itive and dangerous duties at the Turkey Point nuclear power plant was based upon the fact that his condition rendered him unable to meet a "bona fide occupational qualification reasonably necessary for the performance of the particular employment." § 760.10(8)(a), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 10978, 107 Fair Empl. Prac. Cas. (BNA) 197, 2009 WL 2407685
...In this appeal we consider whether the trial court erred in granting a directed verdict during a trial in which the appellant, Neina Blizzard, sought damages against her former employer, Appliance Direct, Inc., for sexual harassment and retaliation in accordance with section 760.10, Florida Statutes....
...If there is conflicting evidence or if different reasonable inferences may be drawn from the evidence, then the issue is factual and should be submitted to the jury for resolution. Marriott Int'l. Ms. Blizzard's two causes of action are grounded in section 760.10(7), Florida Statutes (2007), which reads: It is an unlawful employment practice for an employer, an employment agency, a joint labor-management committee, or a labor organization to discriminate against any person because that person h...
...We deal with the latter category here. Ms. Blizzard charged that the alleged harassment gave rise to two causes of action, one for creation of a hostile workplace environment, and the other for retaliation. A. The Retaliation Claim: To establish a prima facie case of retaliation under section 760.10(7), a plaintiff must demonstrate: (1) that he or she engaged in statutorily protected activity; (2) that he or she suffered adverse employment action; and (3) that the adverse employment action was causally related to the protected activity....
...claim to defeat a motion for directed verdict. Accordingly, we conclude that it was error to grant the motion. B. The Sexual Harassment Claim. The grounds for a sexual harassment claim under either Title VII of the Civil Rights Act of 1964, or under section 760.10(7), Florida Statutes (2007), can be either a tangible employment action or, as Ms....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 1997 U.S. App. LEXIS 22847, 1997 WL 533783
...Five counts of the complaint presented state law claims. Count Four alleged that Checkers’ “discriminatory treatment and discharge” of Kaufman violated the Florida AIDS discrimination statute, Fla. Stat. §
760.50 . Count Five sought recovery under the Florida Civil Rights Act, Fla. Stat. §
760.10 , for the same conduct alleged in Counts Two and Three....
CopyCited 3 times | Published | District Court, S.D. Florida | 2002 U.S. Dist. LEXIS 19489, 90 Fair Empl. Prac. Cas. (BNA) 28, 2002 WL 31247359
...Essentially, plaintiff alleges that she was subjected to a hostile work environment by her supervisor, Michael Alvarez, based on a series of alleged sexual comments and sexual advances by Alvarez over the course of several months in 2000. Plaintiff brings her claims pursuant to Title VII of the Civil Rights Act of 1964, and Section 760.10 of the Florida Civil Right Act, as well as Florida common law....
...Florida Civil Rights Act Violations As stated above, plaintiff also sues defendants for sexual discrimination, sexual harassment, hostile work environment and retaliation under the unlawful employment practices provisions of the Florida Civil Rights Act ("FCRA"), Fla. Stat. § 760.10....
...came too upset with that conduct in August 2000. [4] Plaintiff's Complaint appears to confuse the Title VII claims in Counts VI and VII with similar claims alleged in Counts I, II, and III brought pursuant to the Florida Civil Rights Act, Fla. Stat. § 760.10....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2000 WL 1153990
...Jones relies on section
760.02(6), Florida Statutes, which includes "the state; or any governmental entity or agency" within the definition of a "person" who may be an "employer" [2] subject to civil liability for unlawful employment practices under the Act. See §
760.10, Fla....
...(unlawful employment practices); §
760.11, Fla. Stat. (administrative and civil remedies). Jones also relies on section
760.11(15), Florida Statutes, which provides that "[i]n any civil action ... a finding that a person employed by the state or any governmental entity or agency has violated s.
760.10 shall as a matter of law constitute just or substantial cause for such person's discharge" for her argument that by so including public entities within coverage of the Act and referring to the effect on such entities of a finding against it...
CopyCited 3 times | Published | District Court, S.D. Florida | 2000 U.S. Dist. LEXIS 10353, 2000 WL 775305
...Greene ("Greene") brings this action against Defendant Lowenstein, Inc. ("Lowenstein"), his former employer, alleging age discrimination in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 et seq., and the Florida Civil Rights Act of 1992 ("FCRA"), Fla. Stat. § 760.10 et seq....
CopyCited 2 times | Published | District Court, M.D. Florida
...1) alleges seven Counts, but Plaintiff has abandoned Count VII that Defendant violated the Equal Pay Act provisions of the Fair Labor Standards Act 29 U.S.C. § 206 (a)(1). (Dkt. 35 at 2). The FCRA also makes it unlawful for employers to discriminate on the basis of sex. Fla. Stat. § 760.10 (1)(a)....
CopyCited 2 times | Published | District Court, S.D. Florida | 2011 U.S. Dist. LEXIS 118691, 2011 WL 5101572
...or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, national origin, age, handicap, or marital status. Fla. Stat. § 760.10(1)(a)....
CopyCited 2 times | Published | District Court, S.D. Florida | 2016 U.S. Dist. LEXIS 153424, 2016 WL 6565935
...2014) (“Title VII and the FCRA prohibit certain employers from discriminating ‘against any individual with respect to [her] compensation, terms, conditions, or privileges of employment, because of such individual’s ... sex.’ ” (citing *1215 42 U.S.C. § 2000e-2(a)(1); Fla. Stat. § 760.10 (1)(a)))....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit
...rately. See Rice-Lamar v. City of Fort Lauderdale,
232 F.3d 836 , 843 n. 11 (11th Cir.2000). Decisions construing Title VII similarly are applicable when considering claims brought under the FCRA, which was patterned after Title. VII. See Fla. Stat. §
760.10 (7); Harper v....
CopyCited 2 times | Published | District Court, S.D. Florida | 2011 U.S. Dist. LEXIS 39536, 2011 WL 1319023
...unty and the Dade County Police Benevolent Association, on June 17, 2009, alleging violations of Title VII of the Civil Rights Act of 1964, ("Title VII"), as amended, 42 U.S.C. § 2000e, et seq., and the Florida Civil Rights Act ("FCRA"), Fla. Stat. § 760.10 (2009)....
...2405, 2416,
165 L.Ed.2d 345 (2006) (finding that the standard for judging Title VII harm does not require consideration of the underlying discrimination that led to the filing of the charge). [4] Plaintiff also alleged violations of the Florida Civil Rights Act ("FCRA"), Fla. Stat. §
760.10 (2009), Title VII and the FCRA follow the same analysis....
CopyCited 2 times | Published | District Court, M.D. Florida | 51 Empl. Prac. Dec. (CCH) 39, 213, 1988 U.S. Dist. LEXIS 16033, 49 Fair Empl. Prac. Cas. (BNA) 1540
...On October 31, 1985, the Florida Commission on Human Relations, Division of Administrative Hearings, conducted a hearing regarding plaintiff's allegations of sex discrimination for her failure to be promoted to Executive Director by SHA in violation of Florida Statutes, section 760.10(1)....
CopyCited 2 times | Published | District Court, S.D. Florida | 1996 U.S. Dist. LEXIS 10061, 1996 WL 417606
...Plaintiff attributes the severed relationship to constructive discharge, while Defendants maintain that Plaintiff voluntarily resigned her position. Plaintiff alleges that Defendants violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. (Count I); the Florida Civil Rights Act of 1992, Fla.Stat. 760.10 (Count II); and Metropolitan Dade County Code § 11A-3(9)....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1998 WL 412955
...V, SECTION 3(b)(6) OF THE FLORIDA CONSTITUTION. TO THE SUPREME COURT OF FLORIDA AND THE HONORABLE JUSTICES THEREOF: 6 This case raises the issue of whether a discharged employee can assert a claim under the Florida Civil Rights Act, Florida Statutes § 760.10, for marital status discrimination in employment practices where the employee allegedly was discharged in retaliation for the actions of his spouse....
...pon Mr. Donato's failure to amend his complaint, the case was dismissed with prejudice on March 11, 1997. This appeal followed. 11 The issue here is whether Mr. Donato has stated a cause of action under the Florida Civil Rights Act, Florida Statutes § 760.10(1)(a)....
...o discharge or to fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual's ... marital status. 14 Fla. Stat. § 760.10 (1)(a)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 11109, 2016 WL 3911373
...DeSisto then asked if he could work a different shift to avoid the CDL requirement. The City denied his request and DeSisto resigned. DeSisto filed suit against the City alleging that, it discriminated against him based on his disability in violation of the Florida Civil Rights Act (“FCRA”). § 760.10(l)(a), Fla....
...tion of FCRA, which provides that it is unlawful for an employer to discharge or otherwise discriminate against an individual with respect to “compensation, terms, conditions, or privileges of employment” because of the individual’s handicap.. § 760.10(l)(a), Fla....
CopyCited 2 times | Published | District Court, M.D. Florida | 1998 U.S. Dist. LEXIS 5217, 1998 WL 181961
...Instead, the FCRA only prohibits retaliation against *1336 an employee "because that person has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this section." (Dkt. 6 at 8 (quoting Fla. Stat. § 760.10(7)))....
...Law omits language in the retaliation provision that would grant the FCHR jurisdiction when an employer discriminates "against any person because that person has opposed any practice which is an unlawful employment practice under this section." Id. § 760.10(7). Sex discrimination is an unlawful employment practice under § 760.10. Id. § 760.10(1)(a)....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit
...f summary judgment in favor of her former employer, URS Federal Technical Services, Inc., on her sex discrimination claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a), and the Florida Civil Rights Act of 1992, Fla. Stat. § 760.10 (1)....
CopyCited 2 times | Published | District Court, S.D. Florida | 2008 WL 821651
...any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, national origin, age, handicap, or marital status." Fla. Stat. § 760.10(1)(a)....
...The FCRA makes it an "unlawful employment practice for an employer ... to discriminate against any person ... because that person has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this section." Fla. Stat. § 760.10(7)....
...deprive or tend to deprive any individual of employment opportunities, or adversely affect any individual's status as an employee, because of such individual's race, color, religion, sex, national origin, age, handicap, or marital status. Fla. Stat. § 760.10(1)(a)-(b)....
CopyCited 2 times | Published | District Court, S.D. Florida | 2002 U.S. Dist. LEXIS 5505, 2002 WL 378313
...As individuals and as class representatives, they sue the City for discrimination based on race and/or national origin in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., and the Florida Civil Rights Act of 1992 (FCRA), Fla. Stat. § 760.10, et seq....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 22 Am. Disabilities Cas. (BNA) 1445, 2009 Fla. App. LEXIS 18431, 2009 WL 4282945
...st BT Foods and owner Thomas Miko. Her amended complaint alleged HIV discrimination and contained three counts: (1) violation of the Florida Omnibus AIDS Act, section
760.50(3)(b), Florida Statutes; [2] (2) violation of the Florida Civil Rights Act, section
760.10(1)(a); [3] and (3) intentional infliction of emotional distress....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2004 WL 1920012
...uct by an employer based upon the status of an employee rather than any action or conduct engaged in by the employee while working for a prior employer. However, Associated Industries' reliance on the Act is misplaced, and its argument is meritless. Section 760.10(1)(a), Florida Statutes (2000), makes it an unlawful employment practice for an employer to "discharge or to fail or refuse to hire any individual, or otherwise to discriminate against any individual ......
CopyCited 2 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 124, 2007 Fla. LEXIS 572, 2007 WL 1012884
...Smith,
393 So.2d 545 (Fla.1981), provides the correct standard for holding an employer vicariously liable for punitive damages pursuant to a provision in Florida's version of Title VII of the Civil Rights Act of 1964, the Florida Civil Rights Act (FCRA), section
760.10, Florida Statutes (1997)....
...nt based on the higher standard of willful and wanton behavior and affirmed the punitive damages award. See id. at 90-91. The Fifth District certified the question of whether Mercury Motors was the proper standard for awarding punitive damages under section
760.10 as an issue of "great public importance in future like cases." Speedway,
933 So.2d at 91....
CopyCited 2 times | Published | District Court, S.D. Florida | 2005 U.S. Dist. LEXIS 14358, 2005 WL 1330652
...Liberty Lobby, Inc.,
477 U.S. at 248,
106 S.Ct. 2505. III. Analysis Plaintiff brings this action pursuant to: Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2 ("Title VII"); 42 U.S.C. § 1981 (§ 1981); and the Florida Civil Rights Act, Florida Statute Section
760.10 ("FCRA"), for racial discrimination and retaliation....
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
...Respondent.
[April 17, 2014]
PARIENTE, J.
The issue in this case is whether discrimination on the basis of pregnancy is
prohibited by the provision in the Florida Civil Rights Act of 1992 (FCRA),
section 760.10, Florida Statutes, that makes it “an unlawful employment practice”
for an employer to discriminate based on an individual’s “sex.” § 760.10(1)(a),
Fla....
...an “unlawful employment practice for an employer . . . to discriminate . . . because
of . . . sex,” as used in the FCRA, includes discrimination based on pregnancy,
which is a natural condition and primary characteristic unique to the female sex.
§ 760.10(1)(a), Fla....
...FACTS AND BACKGROUND
In 2011, Peguy Delva filed a lawsuit against her former employer, The
Continental Group, Inc., alleging that Continental took adverse employment
actions against her due to her pregnancy, in violation of section 760.10 of the
FCRA....
...sufficiency of the allegation that the plaintiff was discriminated against” on the
basis of her pregnancy. Delva,
96 So. 3d at 957. As the Third District explained,
“[t]he discrete, single issue in this case is whether the Florida Civil Rights Act,
section
760.10, Florida Statute[s], prohibits discrimination in employment on the
basis of pregnancy.” Id....
...employment discrimination.” Id. at
1121 (citing §
760.01(3), Fla. Stat.). We granted review of Delva to address the
conflict.
ANALYSIS
The conflict issue presented to the Court in this case—whether section
760.10, Florida Statutes, a provision of the FCRA, outlaws discrimination in
employment practices based on pregnancy—is a matter of statutory interpretation.
This is a pure question of law that we review de novo. See Maggio v. Fla. Dep’t of
Labor & Emp’t Sec.,
899 So. 2d 1074, 1076 (Fla. 2005).
Section
760.10 provides in pertinent part as follows:
(1) It is an unlawful employment practice for an employer:
(a) To discharge or to fail or refuse to hire any individual, or
otherwise to discriminate against any ind...
...h respect to
compensation, terms, conditions, or privileges of employment,
because of such individual’s race, color, religion, sex, national origin,
age, handicap, or marital status.
-6-
§ 760.10, Fla....
...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. Stat. (2011).
Section
760.10 does not specifically include the word “pregnancy” in listing
the classes of individuals that are protected from employment discrimination
practices under the FCRA. The FCRA does, however, explicitly make it an
-7-
“unlawful employment practice for an employer . . . to discriminate against any
individual . . . because of such individual’s . . . sex.” §
760.10(1), Fla....
...and male sexes. For this reason, discrimination based on pregnancy is in fact
discrimination based on sex because it is discrimination as to a natural condition
unique to only one sex and that arises “because of [an] individual’s . . . sex.”
§ 760.10(1)(a), Fla....
...NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND
IF FILED, DETERMINED.
POLSTON, C.J., dissenting.
I respectfully dissent because the plain meaning of the Florida Civil Rights
Act does not encompass pregnancy discrimination.
Specifically, section 760.10, Florida Statutes (2011) (emphasis added), of
the Florida Civil Rights Act of 1992 provides the following:
(1) It is an unlawful employment practice for an employer:
(a) To discharge or to fail or refuse...
...because of such individual’s race, color, religion, sex, national origin,
age, handicap, or marital status.
- 11 -
The plain meaning and fair import of the term “sex” as used in section
760.10 is gender, meaning whether one is female or male....
...125 (1976) (concluding that pregnancy discrimination does not in
itself constitute sex discrimination while interpreting Title VII of the federal Civil
Rights Act, which at the time included language very similar to Florida’s current
statute). Therefore, pursuant to the statute’s plain meaning, section 760.10’s
prohibition against sex discrimination does not encompass discrimination on the
basis of pregnancy.
Accordingly, I would approve the holding of the Third District, and I
respectfully dissent....
CopyCited 1 times | Published | District Court, M.D. Florida | 1998 U.S. Dist. LEXIS 16200, 1998 WL 730163
...(Docket No. 21, Paragraph 19). 13. The termination of Plaintiff's employment, by the Defendant, caused Plaintiff to suffer mental anguish and emotional distress. (Docket No. 21, Paragraph 20). 14. Defendant is liable to Plaintiff for willfully violating § 760.10(1)(a) of the *1308 Florida Statutes, also referred to as the Florida Civil Rights Act ("FCRA")....
...STATUTE OF LIMITATIONS Defendant also alleges that Plaintiff is time-barred with respect to Count II of Plaintiff's Amended Complaint. (Docket No. 24). Section
760.11(1) of the "FCRA" provides that "Any person aggrieved by a violation of §§
760.01-
760.10 may file a complaint with the commission within 365 days of the alleged violation...." Florida Civil Rights Act of 1992, FLA....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2013 WL 6081865, 2013 Fla. App. LEXIS 18403
...We reverse the order dismissing appellant’s complaint to the Florida Commission on Human Relations (FCHR) for lack of subject matter jurisdiction. Appellant filed a complaint of discrimination and retaliation with the FCHR within 865 days of the alleged violation, according to the date contained in the complaint. See § 760.10(1), Fla....
CopyCited 1 times | Published | District Court, M.D. Florida
...of racial discrimination and retaliation. Title VII prohibits an employer from discriminating on the basis of an individual’s race. 42 U.S.C. § 200Qe-2(a). The FCRA likewise prohibits employment discrimination on the basis of race. See Fla. Stat. § 760.10 ; Grant v....
CopyCited 1 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 22125, 2009 WL 762215
...[3] There has been no evidence that any other employee made a similar remark about and in the hearing of a broker and retained employment with Defendant. Plaintiff filed this action alleging violations of only the Florida Civil Rights Act, Fla. St. § 760.10(1)(a), (1-7) (hereinafter "FCRA")....
...retextual, summary judgment is warranted") (citations omitted). IV. Retaliation In Count III of her Complaint (DE 1), Plaintiff alleges that she was retaliated against for engaging in statutorily protected activity in violation of the FCRA, Fla. St. § 760.10(7)....
CopyCited 1 times | Published | District Court, M.D. Florida | 2013 U.S. Dist. LEXIS 36201, 2013 WL 1099804
...The FCRA likewise makes it unlawful for an employer to “discharge or fail to refuse to hire any individual, or to otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual’s ... handicap.... ” Fla. Stat. § 760.10 ....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2014 WL 2781817, 2014 Fla. App. LEXIS 9340
...structions to sever the punitive damages clause and submit the case to arbitration. 7 REVERSED and REMANDED. COHEN and WALLIS, JJ., concur. . This court has jurisdiction. See Fla. R. App. P. 9.130(a)(3)(C)(iv). . See 42 U.S.C. § 12101 (2012). . See § 760.10, Fla....
CopyCited 1 times | Published | District Court, M.D. Florida | 2005 U.S. Dist. LEXIS 18342, 2005 WL 1631820
...Gender Discrimination Title VII and the Florida Civil Rights Act ("FCRA") make it unlawful for employers to intentionally discriminate "with respect to compensation, terms, conditions, or privileges of employment" based upon protected traits including race, color, religion, and sex. 42 U.S.C. § 2000e-2(a)(1); Fla. Stat. ch. 760.10(1)(a)(2003)....
...[7] The last sentence of the interrogatory answer states: "Provost Whitehouse also hoped that Plaintiff's teaching evaluation would also show improvement." (Pl.'s Ex. E.) [8] See supra, note 6. [9] See Def.'s Ex. O at 3. [10] See Def.'s Ex. Q. [11] Section 760.10(7) of the FCRA mirrors Title VII....
...ed any practice which is an unlawful employment practice under this section, or because that person has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this section." Fla. Stat. ch. 760.10(7)(2003)....
CopyCited 1 times | Published | District Court, S.D. Florida | 2003 U.S. Dist. LEXIS 13625, 2003 WL 21850449
...or Standards Act of 1938, as amended, 29 U.S.C. § 216 (b) (“FLSA”), the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621 , et seq., (“ADEA”), and the age discrimination in employment provisions of Florida Statutes, § 760.10....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2007 WL 428897
...Therefore, we must strike the enhanced attorney's fee award to Ms. Carter. We remand with instructions to enter a reasonable attorney's fee in the lodestar amount of $63,788.50. Affirmed in part, reversed in part, and remanded. FULMER, C.J. and DAVIS, J., Concur. NOTES [1] § 760.10(7), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2016 WL 717917
We also find that Usher stated a claim under section
760.10(1)(a), Florida Statutes (2009). He pleaded
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...f such a person." The Act also provides that: It is an unlawful employment practice for an employer: ... to discharge ... any individual . .. because of such individual's race, color, religion, sex, national origin, age, handicap, or marital status. § 760.10(1)(a), Fla....
CopyCited 1 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 95, 2001 Fla. LEXIS 331, 2001 WL 169598
...on determined that there was reasonable cause.” Section
760.11(4), Florida Statutes (1995), explains steps that claimants may take if the Commission has determined there is reasonable cause to believe that discriminatory action has occurred. . See §
760.10(l)(a), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 2026, 2014 WL 562930
...Pinellas County Code. This code provision, which generally prohibits an employer from retaliating against an employee because that employee has filed a discrimination complaint or opposed a discriminatory practice, essentially tracks the language of section 760.10(7), Florida Statutes (2009)....
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
...Plaintiff Karen Marie Wright (‘Wright”) filed this lawsuit against her former employer, Defendant Sandestin Investments, LLC, d/b/a Sandestin Golf and Beach Resort (“Sandestin Investments”), alleging pregnancy discrimination, in violation of *1276 federal and state law, see 42 U.S.C. § 2000e(k), Fla. Stat. § 760.10 , and violation of the Family and Medical Leave Act of 1993 (“FMLA”), 29 U.S.C....
...Accordingly, the motion for partial summary judgment will be denied. B. Defendant’s Motion for Summary Judgment Sandestin Investments moves for summary judgment, first arguing that Wright’s pregnancy discrimination claim is not actionable under the Florida Civil Rights Act (“FCRA”), Fla. Stat. § 760.10 ....
...Blue Cross and Blue Shield of Fla., Inc.,
829 So.2d 891, 897 (Fla.2002). The FCRA prohibits discrimination in employment “because of such individual’s race, color, religion, sex, national origin, age, handicap, or marital status.” Fla. Stat. §
760.10 (l)(a)....
CopyCited 1 times | Published | District Court, N.D. Florida | 1986 U.S. Dist. LEXIS 21614, 42 Fair Empl. Prac. Cas. (BNA) 1485
...The agreement could make it clear that a filing with the EEOC would constitute a filing with the FCHR ___ but it does not. Under Florida law and the regulations and rules of the FCHR, a proceeding before the FCHR is commenced when a complaint is filed with that state agency. § 760.10(10), Fla.Stat....
CopyCited 1 times | Published | District Court, S.D. Florida | 1995 U.S. Dist. LEXIS 6016, 67 Fair Empl. Prac. Cas. (BNA) 1462, 1995 WL 262888
...DENYING DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO PLAINTIFF'S PROMOTION CLAIMS and DISMISSING WITHOUT PREJUDICE PLAINTIFF'S PROMOTION CLAIMS and GRANTING IN PART DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO PLAINTIFF'S FLA.STAT. § 760.10 CLAIM FOR COMPENSATORY AND PUNITIVE DAMAGES and GRANTING DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO PLAINTIFF'S CLAIM FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS JAMES LAWRENCE KING, District Judge....
...tate Equal Pay Act Claim, filed on January 27, 1995; upon Defendant's Motion for Partial Summary Judgment as to Plaintiff's Promotion Claims, filed on February 7, 1995; upon Defendant's Motion for Partial Summary Judgment as to Plaintiff's Fla.Stat. § 760.10 Claim for Compensatory and Punitive Damages, filed on February 13, 1995; and upon Defendant's Motion for Partial Summary Judgment as to Plaintiff's Claim for Intentional Infliction of Emotional Distress, filed on March 15, 1995....
...Promotion Claims Defendants argue that they are entitled to partial summary judgment on the promotion claims in Counts III and IV because Plaintiff failed to exhaust her administrative remedies. Count III is a claim for violation of 42 U.S.C. § 2000e and Count IV is a claim for violation of Fla.Stat. § 760.10....
...al promotion claims because there are no genuine issues of material fact. Rather, Defendants argue that Plaintiff failed to exhaust administrative remedies with regard to her Title VII claim of failure to promote and that her Title VII and Fla.Stat. § 760.10 claims are time-barred....
...denied, ___ U.S. ___,
115 S.Ct. 298,
130 L.Ed.2d 212 (1994). Exhaustion of administrative remedies is a condition precedent with which Title VII plaintiffs must comply. Zipes v. Trans World Airlines,
455 U.S. 385,
102 S.Ct. 1127,
71 L.Ed.2d 234 (1982). Fla.Stat. §
760.10(10) requires that a plaintiff file a charge within 180 days of any alleged violation. [2] *503 It is undisputed that Plaintiff's EEOC charge does not refer to discriminatory denials of promotion. Plaintiff also does not dispute Defendant's contention that her Fla. Stat. §
760.10 promotion claim is time-barred. Accordingly, dismissal of Plaintiff's claims for discriminatory denial of promotion in Counts III and IV is appropriate. C. Fla.Stat. §
760.10 Claim Defendants argue that they are entitled to partial summary judgment as to Plaintiff's prayers for compensatory and punitive damages under Fla.Stat. §
760.10 in Count IV because the conduct complained of occurred before the effective date of Fla.Stat. §
760.10....
...Defendants further argue that the Florida Civil Rights Act's provisions for compensatory and punitive damages only apply prospectively to conduct that occurred on or after October 1, 1992. [3] Defendants thus contend that Plaintiff's claim for compensatory and punitive damages under Fla.Stat. §§
760.10 and
760.11 cannot be based on any allegedly discriminatory conduct that occurred prior to October 1, 1992. Plaintiff responds that discriminatory acts took place over a period of six years and that the discriminatory acts that form the basis of her §
760.10 claim occurred after the October 1, 1992 effective date of the amendment....
...able only prospectively: "This act applies only to conduct occurring on or after October 1, 1992." 1992 Fla.Laws ch. 92-177, § 13. The Court thus finds that as a matter of law, Plaintiff's claim for compensatory and punitive damages under Fla.Stat. §
760.10 and
760.11 can be based only upon conduct that occurred on or after October 1, 1992....
...Conclusion In light of the foregoing and for the reasons stated above, the only remaining claims to be resolved in the instant case are the federal Equal Pay Act claim in Count I, the Title VII terms of employment claim in Count III and the Fla.Stat. § 760.10 claim in Count IV....
...Plaintiff's Promotion Claims be, and the same is hereby, DENIED. Plaintiff's Promotion claims are hereby DISMISSED WITHOUT PREJUDICE. It is FURTHER ORDERED and ADJUDGED that Defendant's Motion for Partial Summary Judgment as to Plaintiff's Fla.Stat. §
760.10 Claim for Compensatory and Punitive Damages be, and the same is hereby, GRANTED IN PART. Plaintiff's claim for compensatory and punitive damages under Fla.Stat. §§
760.10 and
760.11 can be based only upon conduct that occurred on or after October 1, 1992....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 9125, 1991 WL 181523
FARMER, Judge. We conclude that the statute of limitations bars appellant’s claim of employment discrimination under section 760.10, Florida Statutes....
...Then on July 28, 1987, it issued a reasonable cause determination. On March 22, 1988, the commission began a two-day hearing on the charge, which resulted in a recommended order again finding no cause. Farancz did not file his complaint in the circuit court until January 19, 1989. Section 760.10(10) requires a person aggrieved by a violation of the Human Rights Act of 1977 to file a complaint with the commission within 180 days of the act of discrimination....
...t medical malpractice claim by a simple filing with the clerk. Section
766.106(4) expressly provides for a tolling of the statute for the 90-day period after a notice of intent to initiate medical malpractice litigation has been served. In contrast, section
760.10 contains nothing remotely suggesting that the statute should be tolled during the 180 day period after filing with the commission. There is simply no mention one way or the other in section
760.10 about any tolling while the commission has the complaint during the initial 180 day period....
CopyPublished | Florida 4th District Court of Appeal
...the Employee, for purposes of supporting and reviewing the summary
judgment entered by the trial court.
“Sexual harassment is a form of sex discrimination prohibited by the
Florida Civil Rights Act,[1] so that an employee may assert a claim for
sexual harassment under section 760.10, Florida Statutes (2003).”
Maldonado v....
CopyPublished | Florida 1st District Court of Appeal | 1996 WL 511524
...Dreyer of Harrison, Sale, McCloy & Thompson, Chtd., Panama City, FL, for appellants. No appearance for appellees. KAHN, Judge. Appellees, all teachers in Bay County, brought an administrative civil rights action claiming that performance evaluations done by appellants were in violation of section 760.10(1)(a), Florida Statutes (1989)....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Jan 25, 2023
U.S.C. § 2000e-2(a)(1); see Fla. Stat. §
760.10(1)(a). 2 In assessing an empl
CopyPublished | Court of Appeals for the Eleventh Circuit
...and Professional Regulation (“Department”). Lindamood, who was sixty years old when her employment was terminated, alleges that she was discriminated against based on her age, in violation of the Florida Civil Rights Act (“FCRA”), Fla. Stat. § 760.10 (l)(a)....
CopyPublished | District Court, S.D. Florida | 2015 U.S. Dist. LEXIS 183002, 2015 WL 12777989
...he Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., (“Title VII”) due to discrimination based on sex: gender stereotyping (Count 1) and retaliation (Count 2); and, violations of the corresponding Florida Civil Rights Act of 1992, Fla. Stat. § 760.10 et seq....
CopyPublished | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 13205, 2000 WL 1505087
KLEIN, J. Plaintiff appellant, a high school teacher, obtained a verdict for damages in an age discrimination case brought under section 760.10(l)(a), Florida Statutes (1995)....
CopyPublished | District Court, M.D. Florida | 1995 U.S. Dist. LEXIS 15230, 69 Fair Empl. Prac. Cas. (BNA) 301, 1995 WL 608179
...race discrimination, and retaliation. In paragraph 1 of the Complaint, Plaintiffs allege that their Complaint is brought under Title VII of the Civil Right Act of 1964, 42 U.S.C. Section 2000e-5, as amended, and the Florida Civil Rights Act of 1992, § 760.10, Fla.Stat. (1993). In order for Plaintiffs to maintain a claim under Chapter 760, § 760.10 (Fla.Stat.1993), the Florida Civil Rights Act, Defendant contends that Plaintiffs must first file a charge of Discrimination with the Florida Commission on Human Relations and exhaust their administrative remedies....
CopyPublished | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 655, 2011 Fla. LEXIS 2754, 2011 WL 5600074
...screaming and yelling at, berating, belittling and humiliating certain subordinate female employees, including your judicial assistants and court clerks in open court and otherwise, thus creating a hostile work environment in violation of Fla. Stat. § 760.10 and Canons 1 and 2A of the Code of Judicial Conduct....
CopyPublished | District Court, M.D. Florida | 1993 U.S. Dist. LEXIS 17015, 1993 WL 498839
...nal infliction of emotional distress. Plaintiff included in Count I for breach of contract, allegations that Defendants’ actions constitute a deprivation of rights under 42 U.S.C. § 1983 , and an unlawful employment practice under Florida Statute 760.10(l)(a) (1991)....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 2672, 1989 Fla. App. LEXIS 6421, 53 Fair Empl. Prac. Cas. (BNA) 1895, 1989 WL 137750
...In June 1987, Ms. Ratliff filed a three-count complaint against the Department generally alleging that, while employed by the Department, she had been the victim of sexual harassment by her supervisor. Count I alleged an unlawful employment practice pursuant to section 760.10, Florida Statutes (1987)....
...Ratliffs complaint for failure to satisfy the necessary conditions precedent to the maintenance of her claim. This order was apparently based upon Ms. Ratliffs failure to allege that she had filed a complaint with the Commission on Human Relations, as contemplated by section 760.10(10), Florida Statutes (1987)....
...opy of the order entered on November 13, 1987. She requested the trial court to re-enter the order so that she could appeal it. Initially, this motion was denied. Thereafter, Ms. Ratliff filed an amended complaint, which again alleged a violation of section 760.10, Florida Statutes (1987), and further alleged that all conditions precedent to the action had occurred or had been waived....
CopyPublished | District Court, S.D. Florida | 2011 U.S. Dist. LEXIS 57436, 2011 WL 1900717
...or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, national origin, age, handicap, or marital status." FLA. STAT. § 760.10(1)....
CopyPublished | Court of Appeals for the Eleventh Circuit
...Delta
terminated Parise’s employment two weeks after this incident.
2
Parise subsequently filed this action in state court and alleged
that Delta had discriminated against him on the basis of age. The
action was filed pursuant to Fla. Stat. § 760.10(1)(a) and 42 U.S.C.
§ 1984.1 Delta removed the case to federal district court on the
basis of diversity of citizenship; the basis for removal is not at issue
here....
...against any individual with respect to
compensation, terms, conditions, or privileges
of employment, because of such individual’s
race, color, religion, sex, national origin, age,
handicap, or marital status.
Fla. Stat. § 760.10(1)(a)....
CopyPublished | Court of Appeals for the Eleventh Circuit
...Delta terminated Parise's employment two weeks after this incident.
Parise subsequently filed this action in state court and alleged that Delta had discriminated
against him on the basis of age. The action was filed pursuant to Fla. Stat. § 760.10(1)(a) and 42
U.S.C....
...iminate
against any individual with respect to compensation, terms, conditions, or privileges of
employment, because of such individual's race, color, religion, sex, national origin, age,
handicap, or marital status.
Fla. Stat. § 760.10(1)(a)....
CopyPublished | District Court, M.D. Florida
...("EEOC") in July 1998. After receiving a right-to-sue letter, the plaintiff filed a lawsuit against the defendants asserting, among other things, claims of sexual discrimination in violation of both the Florida Civil Rights Act ("FCRA"), Fla. Stat. § 760.10(1), and Title VII, 42 U.S.C.2000e-2(a), as well as a claim of battery (Doc....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 4693, 1994 WL 190021
PER CURIAM. In these cases, appellant, the Department of Education, challenges a final order entered by the Florida Commission on Human Relations awarding attorney’s fees pursuant to section 760.10(13), Florida Statutes (1985), 1 to the attorneys representing the appellees, Lewis Rushton, John E....
...When the UEP claims later came on for disposition, the hearing officer found, based largely upon the final order in the rule challenge, which was admitted as evidence in the UEP proceeding, that a UEP had occurred and awarded the appellees attorney’s fees pursuant to section 760.10(13)....
...s order to the extent it allows sums to be awarded to the appellees for legal services pertaining to the rule challenge action. *102 REVERSED and REMANDED for further proceedings consistent with this opinion. ERVIN, JOANOS and KAHN, JJ., concur. . Section 760.10(13) authorizes the Commission to award an aggrieved party an attorney's fee in the event it finds the occurrence of an unlawful employment practice....
CopyPublished | Florida 3rd District Court of Appeal
2 section
760.10, Florida Statutes (2021). She later amended
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Aug 24, 2023
...codebook or a courtroom.
I.
A.
Florida’s law, the Individual Freedom Act, bans certain
mandatory workplace trainings.1 Fla. Stat. § 760.10(8)(a)....
...s of another race, color,
sex, or national origin.
Id.
Discussion of these topics, however, is not completely
barred—the law prohibits requiring attendance only for sessions
endorsing them. Id. § 760.10(8)(b)....
...In a lawsuit naming Florida Governor
Ron DeSantis, Florida Attorney General Ashley Moody, and
several members of the Florida Commission on Human Relations,
the plaintiffs challenged the mandatory-meeting provision of the
Individual Freedom Act, Fla. Stat. § 760.10(8)....
...Intellectual and cultural tumult do not last forever, and
our Constitution is unique in its commitment to letting the people,
rather than the government, find the right equilibrium. Because
the Individual Freedom Act’s mandatory-meeting provision, Fla.
Stat. § 760.10(8), undermines that basic principle, it must be
enjoined....
CopyPublished | District Court, M.D. Florida | 1993 U.S. Dist. LEXIS 4009, 1993 WL 94333
...7 (ADEA). 29 U.S.C. § 621 et seq. This action also includes claims for age discrimination brought under the Florida Age Discrimination in Employment Act (FL-ADEA) and the Florida Human Rights Act of 1977 (FHRA). See Fla. Stat. §
112.044; Fla.Stat. §
760.10....
CopyPublished | Florida 1st District Court of Appeal | 14 Fla. L. Weekly 741, 1989 Fla. App. LEXIS 1530, 49 Fair Empl. Prac. Cas. (BNA) 1890, 1989 WL 26749
...bility to work. As to appellant's contention that the agency violated state policy prohibiting employment discrimination against handicapped citizens, the hearing officer found that PERC does not have authority to directly enforce federal law, since section 760.10, Florida Statutes, prohibits dismissal of an employee because of handicap and enforcement of that law is with the Florida Commission on Human Relations (FCHR)....
...umes prevented the satisfactory performance of his job as a toll collector. The fact that appellant's condition rendered him unable to perform his job duties therefore precludes his dismissal being actionable as an unlawful employment practice under section 760.10(8)(a), Florida Statutes, which provides that it is not an unlawful employment practice for an employer to "take or fail to take any action on the basis of ......
CopyPublished | District Court, S.D. Florida | 2007 U.S. Dist. LEXIS 17979, 89 Empl. Prac. Dec. (CCH) 42, 851, 2007 WL 788810
...("UPS" "Defendant"). Count I of the Amended Complaint alleges a violation of Title VII of the Civil Rights Act of 1964 ("Title VII") and Count II of the Amended Complaint states a violation of the Florida Civil Rights Act of 1992 ("FCRA"), Fla. Stat. § 760.10(1)(a)....
CopyPublished | Court of Appeals for the Eleventh Circuit
and the Florida Civil Rights Act, Fla. Stat. §
760.10 (FCRA). They allege that Loar discriminated against
CopyPublished | District Court, M.D. Florida | 1994 U.S. Dist. LEXIS 2821, 65 Empl. Prac. Dec. (CCH) 43, 294, 1994 WL 76689
...(ADEA), 29 U.S.C. § 621 et. seq. This action also includes claims for age discrimination brought under the Florida Age Discrimination in Employment Act (FL-ADEA) and the Florida Human Rights Act of 1977 (FHRA). See Fla. Stat. §
112.044 ; Fla.Stat. §
760.10....
CopyPublished | District Court, M.D. Florida | 2005 WL 1571886
...and married, an inmate. Plaintiff has filed this lawsuit alleging the termination constitutes racial discrimination in violation of 42 U.S.C. § 2000e et seq. (Title VII) and 42 U.S.C. § 1981. In addition, Plaintiff alleges that the County violated section 760.10, Florida Statutes, because her marital status formed a basis for the termination....
...nt would be entered for the County on Plaintiff's Title VII claim. ii. Plaintiff's Claim of Unlawful Discrimination Based on Marital Status In addition to her claim of racial discrimination, Plaintiff claims the County discharged her in violation of § 760.10, Florida Statutes. Section 760.10 establishes, among other things, that adverse employment action is unlawful in Florida when taken because of the employee's marital status....
...correctional officer, the federal and state law claims "form part of the same case or controversy," as section 1367(a) requires. Plaintiff's claim of discrimination based on marital status is without merit. Plaintiff alleges that the County violated § 760.10, Florida Statutes, because it terminated her employment based on her marriage to an inmate. However, "the term `marital status' as used in section 760.10 of the Florida Statutes means the state of being married, single, divorced, widowed or separated, and does not include the specific identity or actions of an individual's spouse." Donato v....
CopyAgo (Fla. Att'y Gen. 1984).
Published | Florida Attorney General Reports
...ANCE PLAN FOR ITS EMPLOYEES CONSTITUTE AN EXCEPTION TO THE PROHIBITIONS AGAINST MANDATORY RETIREMENT AGE CONTAINED IN STATE LAW? According to your letter, you are concerned about an apparent conflict between the provisions of s
112.044 , F.S., and s
760.10 , F.S., relating to a mandatory retirement age....
...de occupational qualification reasonably necessary for a particular job or occupation or the employee has been in a bona fide executive or high policymaking position for two years prior to retirement and is entitled to specified retirement benefits. Section 760.10 , F.S....
...1979) also prescribes certain unlawful employment practices, including employment discrimination on the basis of age. "Person" is defined by s
760.02 (5), F.S., to include "the state; or any governmental entity or agency." (e.s.) "Employer" is defined for purposes of s
760.10 in s
760.02 (6), F.S., as "any person employing 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year." (e.s.) Thus, as a governmental entity, a municipality would appear to be included within the purview of and subject to the provisions of s
760.10 , if it meets the foregoing criteria....
...Florida Commission on Human Relations,
429 So.2d 1235 (5 D.C.A. Fla., 1983), wherein the court quashed the commission's order which concluded that a former employee of the sheriff's department had been discharged because of his handicap in violation of s 23.167 [now s
760.10 ]; the court concluded that the commission's order, which was in direct conflict with the hearing officer's findings of fact, was not supported by competent substantial evidence. Subsection (8) of s
760.10 provides in part that notwithstanding other provisions of s
760.10 , it is not an unlawful employment practice for an employer to take or fail to take action on the basis of age where age is a bona fide occupational qualification reasonably necessary for the performance of the particular employment to which s...
...y system, a bona fide employee benefit plan such as a retirement, pension, or insurance plan, or a system which measures earning by quantity or quality of production, which is not designed, intended or used to evade the purposes of ss
760.01 —
760.10 . Section
760.10 (8)(a) and (b), respectively. Paragraph (b) of s
760.10 (8) goes on to state: However, no such employee benefit plan or system which measures earnings shall excuse the failure to hire, and no such seniority system, employee benefit plan, or system which measures earnings shall excuse the involuntar...
...Thus s
112.044 , F.S., while prohibiting mandatory retirement in public employees' pension or retirement plans, provides exceptions for bona fide occupational qualifications and for bona fide seniority systems or bona fide employee benefit plans which are not a subterfuge to evade the purposes of the act. Section
760.10 , however, only permits bona fide occupational qualifications to be used as an exception to the terms of the statute....
...See, s 1, Ch. 77-174; s 7, Ch. 79-7; s 4, Ch. 81-169, Laws of Florida. And see, Ch. 79-190, Laws of Florida, which created the executive office of the Governor and amended the statutes so as to transfer powers, duties and functions in conformance therewith. Section 760.10 , originally numbered as 13.261, was adopted by the Legislature in 1977....
...In the instant inquiry, it appears that such a conflict exists. Section
112.044 , provides an exception from the prohibition against mandatory retirement for bona fide employment benefit plans which are not a subterfuge to evade the purposes of s
112.044 . Section
760.10 (8)(b), although stating that it is not an unlawful employment practice for an employer to take or fail to take action on the basis of age where such action or inaction is related to or in observance of the terms of a bona fide employm...
...any factor not related to such individual's ability to perform the particular employment in which he is engaged. In light of this apparent conflict and based upon the foregoing, it appears that s
112.044 has been impliedly modified or repealed and s
760.10 (8)(b) as the latest expression of the Legislature should control over any conflicting provision in s
112.044 ....
CopyPublished | Court of Appeals for the Eleventh Circuit
...The Florida Civil Rights Act forbids employers from “discriminat[ing]
against any individual . . . because of such individual’s . . . handicap[.]” Fla. Stat.
USCA11 Case: 19-13448 Date Filed: 06/25/2021 Page: 2 of 20
§ 760.10(1)(a)....
...The FCRA’s plain language forecloses Matamoros’s position. The FCRA
forbids employers from “discriminat[ing] against any individual . . . because of
such individual’s race, color, religion, sex, pregnancy, national origin, age,
handicap, or marital status.” Fla. Stat. § 760.10(1)(a)....
...See Delva,
137 So. 3d at
374 (“The FCRA does, however, explicitly make it an ‘unlawful employment
practice for an employer . . . to discriminate against any individual . . . because of
such individual’s . . . sex.’” (quoting Fla. Stat. §
760.10(1)))....
CopyPublished | District Court, M.D. Florida | 2013 WL 3017010, 2013 U.S. Dist. LEXIS 87179, 120 Fair Empl. Prac. Cas. (BNA) 1540
...s, conditions, or privileges of employment, because of such individual’s ... sex.” Hubbard v. Meritage Homes of Fla., Inc., No. 12-15172,
520 F.Supp.2d 859, 862 ,
2013 WL 2359065 , *3 (11th Cir. May 30, 2013)(quoting 42 U.S.C. § 2000e-2(a)(1)); §
760.10(1)(a) Fla....
...Based on this “rule of statutory construction,” the O’Loughlin Court reasoned that Title VII afforded more protection for female employees than was provided under the FHRA: It is undisputed that [the FCRA] is patterned after Title VII.... School Bd. of Leon County v. Weaver,
556 So.2d 443 (Fla. 1st DCA 1990). Section
760.10(1)(a), Florida Statutes, provides in part: It is an unlawful employment practice for an employer to discharge ......
...would deprive or tend to deprive any individual of employment opportunities, or adversely affect any individual’s status as an employee, because of such individual’s race, color, religion, sex, national origin, age, handicap, or marital status. § 760.10, Fla....
CopyPublished | Florida 1st District Court of Appeal | 14 Fla. L. Weekly 1469, 1989 Fla. App. LEXIS 3409, 50 Fair Empl. Prac. Cas. (BNA) 344
...Appellee Staunton R. Harrison filed suit against his former employer, Appellant Davidson Drugs, Inc., alleging that he was discharged in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 626 , and the Florida Human Rights Act, section 760.10, Florida Statutes (1987)....
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
...eaching at Forrest High school. In April, 1983, Morrow was informed that he would not receive a contract for the ensuing 1983-84 school year. Morrow filed a complaint with the Human Relations Commission alleging an unlawful employment practice under Section 760.10, Florida Statutes....
...of conducting an evidentia-ry hearing and submitting a recommended order. A hearing was held before the hearing officer who subsequently submitted a recommended order finding that the School Board had committed an unlawful employment practice under Section
760.10, and recommending that Morrow be awarded back wages and benefits and that the School Board be ordered to evaluate his request for continued employment without reference to his age. Essentially, the Commission’s final order adopted the hearing officer’s recommended order. This case boils down to legal issues involving the proper application of Section 231.031 and its interplay with Sections
112.044 and
760.10....
...231.-031 because of his age, the decision not to rehire the 70 year old on an annual contract basis may not be made on the basis of the teacher’s age. We believe the Commission erred and that the School Board’s interpretation is the correct one. Section 760.10 of the Human Rights Act of 1977 provides, in pertinent part: (1) It is an unlawful employment practice for an employer: (a) To discharge or to fail or refuse to hire any individual, or otherwise to discriminate against any individual w...
...the particular statute in question is to be applied relative to other statutes affecting the same subject matter.” Inciarrano v. State,
447 So.2d 386, 389 (Fla. 4th DCA 1984). In this case, Section 231.031, Florida Statutes, can be harmonized with Section
760.10, Florida Statutes, by reading the first clause of Section 231.031, Florida Statutes, as an automatic reversion of tenured teachers who attain the age of 70 to annual contract employees and by reading the second clause of Section 231.-031 as prescribing the manner for annual reappointment....
...This appears to us a contorted construction of Section 231.031. It is abundantly clear that the phrase “annual reappointment in the manner prescribed by law” refers to the procedural requirements of Section 230.33(7) 2 , not to the provisions of Section
760.10 which section includes the proscription against age discrimination much the same as Section
112.044, a section which is even more specific than Section
760.10 (in the sense that Section
112.044 deals only with age discrimination and applies specifically to public employers) and which the legislature saw fit to specifically except from the operation of Section 231.031....
CopyPublished | Florida 2nd District Court of Appeal | 2014 WL 2601610, 2014 Fla. App. LEXIS 8865
...cision to dismiss a claim of pregnancy discrimination under the Florida Civil Rights Act of 1992, which is codified at sections
760.01 through
760.11 and section
509.092 of the Florida Statutes. The limited issue of law in this case turns on whether section
760.10(l)(a), Florida Statutes (2012), prohibits discrimination on the basis of pregnancy by an employer in Florida. In a recent decision, the Florida Supreme Court interpreted section
760.10(1)(a), Florida Statutes (2011), as prohibiting discrimination by an employer on the basis of pregnancy....
CopyPublished | District Court, S.D. Florida | 1999 U.S. Dist. LEXIS 9479, 77 Empl. Prac. Dec. (CCH) 46, 246, 80 Fair Empl. Prac. Cas. (BNA) 811, 1999 WL 427990
...In Counts I and II, Plaintiff alleges that Defendant City treated her disparately based on her gender in violation *1327 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. § 760.10(1) by removing her as Commander of the FTP, denying her promotion to Commander of the IA unit, and demoting her to Sergeant, all while treating similarly situated male employees differently....
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
...ARTICLE V, SECTION 3(b)(6) OF THE FLORIDA CONSTITUTION. TO THE
SUPREME COURT OF FLORIDA AND THE HONORABLE JUSTICES THEREOF:
This case raises the issue of whether a discharged employee can assert a claim under the
Florida Civil Rights Act, Florida Statutes § 760.10, for marital status discrimination in employment
practices where the employee allegedly was discharged in retaliation for the actions of his spouse.
We have studied the question and conclude that this case presents an important issue of Florida law
that has not been addressed by the Supreme Court of Florida....
...Donato's failure to amend his complaint, the case was dismissed with prejudice on March 11, 1997.
This appeal followed.
The issue here is whether Mr. Donato has stated a cause of action under the Florida Civil
Rights Act, Florida Statutes § 760.10(1)(a)....
...fuse to hire any individual, or otherwise to
discriminate against any individual with respect to compensation, terms, conditions,
or privileges of employment, because of such individual's ... marital status.
Fla. Stat. § 760.10(1)(a)....
CopyPublished | Court of Appeals for the Eleventh Circuit
...She asserted four claims: (1) discrimination on the
basis of her Cuban-American national origin, in violation of Title VII of the Civil
Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1); (2) retaliation in violation of 42
U.S.C. § 2000e-3(a); (3) discrimination in violation of the Florida Civil Rights Act,
Fla. Stat. § 760.10(1)(a); and (4) retaliation in violation of Fla. Stat. § 760.10(7).8
She alleged that Royal Atlantic had “engaged in an improper and illegal course of
conduct designed to systematically eliminate [C]ubans including women” and that
Royal Atlantic fired her in retaliation for her complaint about th...
...That issue can be resolved at trial, if
necessary.
33
VI.
Alvarez also makes parallel discrimination and retaliation claims under the
Florida Civil Rights Act of 1992. See Fla. Stat. § 760.10....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Jan 20, 2023
Unlawful Employment Practices, Fla. Stat. §
760.10(1)(a) (2023). Likewise, the Supreme Court
CopyPublished | Court of Appeals for the Eleventh Circuit | 74 Empl. Prac. Dec. (CCH) 45, 632, 77 Fair Empl. Prac. Cas. (BNA) 297, 1998 U.S. App. LEXIS 14849, 1998 WL 349557
...positions for several weeks after Williams submitted his application, thereby giving rise to an
inference of intentional discrimination.
Williams filed suit against Vitro, Flight Systems, and Tracor under both the ADEA and the
Florida Civil Rights Act of 1992, Fla. Stat. Ann. § 760.10....
CopyPublished | Court of Appeals for the Eleventh Circuit
...several weeks after Williams submitted his application, thereby
giving rise to an inference of intentional discrimination.
Williams filed suit against Vitro, Flight Systems, and Tracor
under both the ADEA and the Florida Civil Rights Act of 1992, Fla.
Stat. Ann. § 760.10 ....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 779, 1991 WL 10405
...It is undisputed that Eldridge was a long-time friend of Jane Grizzard, a member of the three-person interview team, and there was evidence that Grizzard had influenced the selection process to ensure the promotion of her friend. Chandler filed a complaint alleging racial discrimination based upon this incident, pursuant to Section 760.10(l)(a), Florida Statutes (1985)....
...The hearing officer found that this constituted discrimination, and FCHR adopted that finding, awarding Chandler back pay, prejudgment interest, benefits, and attorney’s fees and costs. We conclude that the promotion as above described does not constitute a violation of Florida’s anti-discrimination law. Section 760.10 provides: (1) It is an unlawful employment practice for an employer: (a) To discharge or to fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or...
CopyAgo (Fla. Att'y Gen. 1986).
Published | Florida Attorney General Reports
reason or reasons for adopting such a policy. Section
760.10(1), F.S., declares that it is an unlawful employment
CopyPublished | District Court, S.D. Florida | 1988 WL 8969
...es. In addition to the common law claims, Plaintiff asserted violations of the first, thirteenth and fourteenth amendments of the United States Constitution, U.S.C.A. Const. U.S.Amends. 1, 13 and 14, Art. I, sections 2, 3 and 4, and Florida Statutes section 760.10, Fla.Stat.Ann. section 760.10 (West 1986)....
CopyPublished | District Court, S.D. Florida | 2014 U.S. Dist. LEXIS 72781, 2014 WL 2139248
...Disparate Impact Claims To succeed on a claim for disability discrimination under either the ADA or the FCRA, a plaintiff must prove that he had a disability when the defendant engaged in the discriminatory act. 42 U.S.C. § 12112 and § 12132; Fla. Stat. § 760.10 (1)....
CopyPublished | District Court, M.D. Florida | 1996 U.S. Dist. LEXIS 6686, 1996 WL 121146
...An evidentiary hearing was held on January 25, 1996. I. Background Facts Plaintiff brought this action for violations of the Americans with Disability Act, 42 U.S.C. § 12111 et. seq., the Rehabilitation Act of 1973, 29 U.S.C. § 701 et. seq., the Florida Civil Rights Act of 1992, Fla.Stat. § 760.10, and 42 U.S.C....
CopyPublished | District Court, S.D. Florida | 2015 U.S. Dist. LEXIS 26432, 2015 WL 853059
...unlawful for an employer “to discharge any individual ... because of such individual’s age[.]” 29 U.S.C. § 623 (a)(1). The FCRA also makes it unlawful for an employer to discharge any individual because of such individual’s age. Fla. Stat. § 760.10 (1)(a)....
...of Mental Health & Mental Retardation,
49 F.3d 1490 , 1508 (11th Cir.1995). Title VII and the FCRA make it unlawful for an employer to discharge any individual because of such individual’s race, color, religion, sex, or national origin. 42 U.S.C. § 2000e-2(a)(1); Fla. Stat. §
760.10 (l)(a)....
CopyPublished | Florida 4th District Court of Appeal
..., which
states that “[i]t is an unlawful employment practice for an employer . . .
[t]o discharge or to fail or refuse to hire any individual, or otherwise to
discriminate against any individual . . . because of such individual’s race
. . . .” § 760.10(1)(a), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 2557, 126 Fair Empl. Prac. Cas. (BNA) 556, 2015 WL 799148
... A former sergeant with the Miami-Dade Corrections and Rehabilitation
Department (“Corrections Department”), Kevin Gaberlavage, appeals a final
summary judgment dismissing his charge of gender discrimination under the
Florida Civil Rights Act (“FCRA”), section 760.10, Florida Statutes (2006)....
CopyPublished | Florida 4th District Court of Appeal
...he EEOC, the employee
effectively had filed her discrimination complaint with the Florida
Commission on Human Relations (“FCHR”), pursuant to section
760.11(1),
Florida Statutes (2015):
Any person aggrieved by a violation of ss.
760.01-
760.10
may file a complaint with the [FCHR] …....
... On March 11, 2021—nearly three years after the EEOC had issued its
right-to-sue notice to the employee—the employee filed a statutory civil
rights action against the employer for sex and pregnancy discrimination
and retaliation in violation of sections 760.10(1)(a)-(b) and (7), Florida
Statutes (2015), which provide:
(1) It is an unlawful employment practice for an employer:
(a) To discharge or to fail or refuse to hire any individual, or
otherwise to discriminate against any in...
...ent
practice under this section, or because that person has made
a charge, testified, assisted, or participated in any manner in
an investigation, proceeding, or hearing under this section.
3
§ 760.10(1)(a)-(b), (7), Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...law,
1
These write-ups were for tardiness, two violations of the smoking policy, using
excessive force with an inmate, and entering a cell without another corrections officer.
4
Fla. Stat. 760.10....
CopyPublished | District Court, M.D. Florida | 2012 WL 6025605, 2012 U.S. Dist. LEXIS 172012, 116 Fair Empl. Prac. Cas. (BNA) 1349
...It is, therefore, upon consideration ORDERED: That Defendants’ Motion for Summary Judgment (Doc. 76) be, and the same is hereby DENIED. DONE and ORDERED. . The FCRA also makes it unlawful for an employer to discharge or discriminate against an employee based on age. Fla. Stat. 760.10(l)(a)....
CopyPublished | Florida 5th District Court of Appeal | 2007 Fla. App. LEXIS 20540, 2007 WL 4545876
...O'Brien filed a complaint of discrimination with FCHR alleging that the School District did not hire him for the reposted teaching position because of his "perceived" disability of alcoholism and challenging the legality of the proof of treatment policy. He claimed a violation of the FCRA pursuant to section 760.10....
...O'Brien brought suit under the FCRA, sections
760.01-.11, Florida Statutes (2004). The FCRA is construed in conformity with the federal ADA and related regulations. Chanda v. Engelhard/ICC,
234 F.3d 1219, 1221 (11th Cir. 2000); Greene v. Seminole Elec. Co-op., Inc.,
701 So.2d 646, 647 (Fla. 5th DCA 1997). Section
760.10 makes it unlawful for an employer to "fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to ....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 3, 1987 Fla. App. LEXIS 11694, 1987 WL 3166
...ficer. Hence, it could not be an issue on appeal before the Commission, and the order was entered without any vestige of jurisdiction. Since the Commission’s finding of an unlawful employment practice was improper, the attorney fee award, based on section 760.10(13), Florida Statutes (1985), cannot stand. 1 Accordingly, the order of the Commission granting injunctive relief and awarding attorney fees is QUASHED. DAUKSCH and ORFINGER, JJ., concur. . Section 760.10(13) provides in part: In the event that the commission, in the case of a complaint under subsection (10), or the court, in the case of a civil action under subsection (12), finds that an unlawful employment practice has occurred, it sh...
CopyPublished | Florida 2nd District Court of Appeal
...matter of
law.
The FCRA "prohibits discrimination in the workplace because of an
individual's race, color, sex, national origin, age, handicap, or marital
status." Sunbeam Television Corp. v. Mitzel,
83 So. 3d 865, 873 (Fla. 3d
DCA 2012); see §
760.10....
...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 Commission...
CopyPublished | Florida 3rd District Court of Appeal
...Capital Investment Services, Inc.,
194
So. 3d 451, 455 (Fla. 2016), we agree with Jackson that the trial court erred in
directing a verdict on the retaliatory discharge claim, and reverse those portions of
the order and final judgment granting directed verdict.
Section
760.10(7), Florida Statutes (2016) provides:
It is an unlawful employment practice for an employer ....
CopyPublished | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 20402, 2014 WL 7156856
...a), filed a complaint
against Appellee, Sedano’s Supermarket #31, etc. (Sedano’s), alleging that
Sedano’s had discriminated and retaliated against Granera because of Granera’s
pregnancy in violation of the Florida Civil Rights Act (FCRA), section 760.10,
Florida Statutes (2011).
Sedano’s filed a motion to dismiss Granera’s complaint asserting that
Granera was not a member of a class protected by FCRA.
Based on this Court’s then-recent decision in Delva v....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 9002, 1995 WL 502096
...The Commission’s broadly-stated function is to “promote and encourage fair treatment and equal opportunity for all persons” and to “endeavor to eliminate discrimination ... and antagonism,” but the rest of the chapter limits the Commission’s duties to employment, to housing, and to AIDS victims. Section 760.10, Florida Statutes (1991), describes unlawful employment practices and the remedies therefor. Section 760.10(10), Florida Statutes (1991), provides that anyone aggrieved by a violation of the section may file a complaint with the Commission within 180 days of the alleged violation....
CopyPublished | Florida 1st District Court of Appeal | 2008 Fla. App. LEXIS 12089, 2008 WL 3286213
PER CURIAM. Appellant seeks review of a summary final judgment entered in favor of appellee in appellant’s action alleging unlawful employment practices in violation of section 760.10, Florida Statutes (2005)....
CopyPublished | Supreme Court of Florida
2. This instruction is based upon F.S.
760.10(1), which makes it an unlawful employment
CopyPublished | Florida 5th District Court of Appeal | 2017 WL 1534824, 2017 Fla. App. LEXIS 5943
...Deputy Thomas Lin appeals the trial court's grant of summary judgment in favor of
Sheriff Jerry L. Demings in this age discrimination case filed under the Florida Civil Rights
Act ("FCRA").1 Lin joined the Orange County Sheriff's Department in 1988 and was
1 § 760.10(1)(a), Fla....
CopyPublished | District Court, M.D. Florida | 2015 U.S. Dist. LEXIS 47102, 126 Fair Empl. Prac. Cas. (BNA) 1613, 2015 WL 1608827
...gion.” (Id. at ¶ 78). Count V sets forth an analogous claim under the Florida Civil Rights Act. Both statutes make it unlawful to fail or refuse to hire an individual on the basis of religion. See 42 U.S.C. § 2000e-2(a); see also Fla. Stat. Ann. § 760.10 (l)(a)....
