Florida/Georgia Personal Injury & Workers Compensation

...Adem Albra, proceeding pro se, appeals the district court’s dismissal of his complaint brought pursuant to the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et. seq., and the Florida Omnibus AIDS Act (“FOAA”), Fla. Stat. § 760.50....

...vision, 42 U.S.C. § 12203, where the act or practice opposed by the plaintiff is made unlawful by the ADA provisions concerning employment, 42 U.S.C. §§ 12111-12117. We also hold that individuals are not amenable to private suit for violating § 760.50(3)(b) of the FOAA. I....

...the plaintiff is made unlawful by Subchapter I of the ADA. 2. FOAA Claim Finally, Albra argues that the Abbotts are personally liable for discriminating against him in violation of the FOAA, Fla Stat. § 760.50....

...1630, App., 56 Fed. Reg. 35,726, 35,739-35,753 (July 26, 1991) (“Interpretive Guidance on Title I of the Americans with Disabilities Act”). 16  occupational qualification of the job in question. Fla. Stat. § 760.50(3)(b). Although this court has yet to address the issue of individual liability under the FOAA, in Huck v....

...Legislature did not intend to provide a cause of action against individual employees. Rather, the [FOAA] creates a cause of action for employees who have been discriminated against by their employing entity. Id. at 1464-65. 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)....

...(emphasis added); McCaw Cellular Commc’ns of Fla. v. Kwiatek, 763 So. 2d 1063, 1065 (Fla. 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....

...Cameshia Byrd appeals an order granting final summary judgment in favor of BT Foods, Inc. 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....

...the facially valid doctor's note would be evidence of the employer's discriminatory motive. We therefore find that the trial court erred in granting summary judgment on the FCRA claim. We also reverse the dismissal of the count seeking relief under section 760.50. While we find that section 760.50 and the FCRA impose the identical standards for evaluating employment discrimination, see Solorio, 2002 WL 485284 at n. 2, we agree with Byrd that section 760.50 does not require proof that a plaintiff's HIV condition amounts to a handicap or disability. Nothing in the statute imposes such a requirement; section 760.50(3)(b) prohibits discrimination based upon even the "perceived results" of an HIV test, *928 without reference to the physical condition of the employee....

...nefits to Hummer. REVERSED AND REMANDED. COBB and HARRIS, JJ., concur. NOTES [1] Article 1, section 2 of the Florida Constitution provides that no person shall be deprived of any right because of a physical handicap. In 1989, the Legislature enacted section 760.50 which expressly provides that any person with or perceived as having AIDS, AIDS-related-complex or the HIV virus shall have every protection made available to handicapped persons....

...*1100 "X" Corporation filed an action for declaratory relief against one of its employees, "Y" Person, appellee, alleging in count I of the second amended complaint, inter alia, that it is in doubt as to its rights, duties, and responsibilities concerning section 760.50, Florida Statutes (1991), which prohibits discrimination by an employer on the basis of acquired immune deficiency syndrome (AIDS), acquired immune deficiency syndrome related complex, and human immunodeficiency virus (HIV). Section 760.50(3)(b) provides that no person may deprive an individual of employment opportunities or adversely affect his status as an employee or otherwise discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment on the basis of knowledge of HIV test results unless the absence of HIV infection is a bona fide occupational qualification of the job in question. Other subsections of section 760.50 place the burden on the employer to prove that testing is necessary to determine whether an employee will present a significant risk of transmitting HIV to other persons in the course of normal work activities and to prove that no reasonable accommodation can be made to prevent exposing other individuals to a significant possibility of being infected with HIV. § 760.50(3)(c), (4)(c)....

..."X" Corporation alleged that it is in doubt as to its right to transfer "Y" Person without his consent, as well as its duty to protect coemployees from a foreseeable risk. "X" Corporation sought a declaration as to whether the absence of HIV is a bona fide occupational qualification of the job in question pursuant to section 760.50....

...A declaration was also requested as to whether "X" Corporation's recently implemented policy requiring all employees to wear cut resistant gloves and its desire to transfer "Y" Person to another position are "reasonable accommodations" pursuant to section 760.50. "X" Corporation further sought a declaration of its right to require periodic testing as a condition of employment under section 760.50....

...on which a right, power, privilege, or immunity may depend. Castellano. In accordance with section 86.021, Florida Statutes (1991), "X" Corporation has alleged that it is in doubt as to its rights, status, or legal relations arising under a statute, section 760.50. While factual issues may need to be resolved, such as whether a "significant risk" is present in this situation given the particular work environment or whether certain accommodations are "reasonable" within the meaning of section 760.50, any necessity for resolving these issues will be dependent on declaring the legal rights of the parties. The object of the instant action is to resolve the uncertainty of "X" Corporation's duty to "Y" Person under section 760.50 and its duty to other employees to provide a safe working environment given a known risk, which may include its uncertain right to transfer "Y" Person to another position without his approval....

...cause of its knowledge that "Y" Person has HIV and its belief that he poses a "significant risk" of transmitting the virus in his present work environment. On the other hand, "X" Corporation is also confronted with the potential liability created by section 760.50 if it transfers "Y" Person to another position to reduce the risk of transmission and thereby protect other employees. A judicial determination of the rights and duties alleged in the complaint will clarify the apparently conflicting duties placed upon "X" Corporation so that it may act, in accordance with section 760.50 and its common law duties, to settle the legal relations in issue....

...(MEGA) and four of MEGA's individual officers and employees. Plaintiff alleges that Defendants violated The Americans with Disabilities Act (42 U.S.C. § 12111) (ADA), The Rehabilitation Act of 1973 (29 U.S.C. § 794), The Florida Omnibus AIDS Act (§ 760.50, Florida Statutes) and The Florida Civil Rights Act (§ 760-10, Florida Statutes)....

...Act. Id. This Court agrees with the Court's finding in Sanders. Therefore, Plaintiff's claim against the individual Defendants fails under the Florida Civil Rights Act. Finally, Plaintiff asserts a claim under the Florida Omnibus AIDS Act Fla Stat. § 760.50....

...r belief that the individual has taken a human immunodeficiency virus test or the result or perceived results of such test unless the absence of human immunodeficiency virus infection is a bona fide occupational qualification of the job in question. § 760.50(3)(b)(1995)....

...Houghtaling of Linda Lee Houghtaling, P.A., Miami, for appellee. PER CURIAM. Wayne Belletete sued his former landlady, Gloria Halford, for discrimination under the Florida Civil Rights Act (FCRA), the Florida Fair Housing Act (FHA), and Florida Statutes section 760.50, in addition to alleging negligent infliction of emotional distress....

...Halford moved for summary judgment, which the trial court granted on all counts. Belletete appeals on two grounds. Because we agree with Belletete's argument that legal action against a tenant is not required as a prerequisite to a discrimination claim under Florida Statutes section 760.50, we reverse....

...because he has to share the bathroom with another person, and this is not advisable because of the conditions of health that Wayne carries (HIV-positive). Belletete filed suit against Halford. Count I of the complaint alleged a violation of the Florida Civil Rights Act based on Florida Statutes sections 760.35 and 760.50....

...Dorsey, 846 So.2d 1169, 1171 (Fla. 4th DCA 2003) ("Summary judgment should not be granted if there are genuine issues of material fact."). We first address Count I of Belletete's complaint. In this count, Belletete seeks relief under the FCRA, citing sections 760.35 and 760.50. However, neither of these sections is part of the FCRA; section 760.35 is included in the FHA and section 760.50 is included under Miscellaneous Provisions. As such, the trial court did not err in granting summary judgment to the extent that the count failed to state a legal basis for relief under the FCRA. Florida Statutes section 760.50(4)(a) provides: A person may not discriminate against an otherwise qualified individual in housing, public accommodations, or governmental services on the basis of the fact that such individual is, or is regarded as being, inflicted with human immunodeficiency virus. Where an individual believes himself to be aggrieved under this provision, a "right of action in the circuit court" is provided in section 760.50(6)....

...These provisions do not include any language indicating that prospective tenants, but not existing tenants, are covered by its protections, nor do these provisions indicate that any specific conduct, such as eviction, is a prerequisite to bringing a cause of action for discrimination under section 760.50 in circuit court. As a result, the trial court erred by concluding that summary judgment should be granted on Count I to the extent it raises a *310 claim under section 760.50 because such a cause required that Halford take action to interfere with Belletete's tenancy. Legal action is simply not the sine qua non of discrimination under section 760.50. Therefore, the summary judgment should be reversed and remanded on this ground for further proceedings to determine whether what transpired between Halford and Belletete was discrimination under section 760.50....

...er, to refuse to negotiate for sale or rental of, or otherwise to make unavailable or deny a dwelling to any person because of race, color, national origin, sex, handicap, familial status, or religion. HIV-positive status is defined as a handicap by section 760.50(2)....

...Therefore, his FHA claims were barred, [1] and the trial court's decision to grant summary judgment on Counts I and II as they deal with the FHA is affirmed. In sum, as to Count I, the summary judgment is affirmed in part, and reversed and remanded in part regarding section 760.50....

...Landlord brought suit against tenants as holdover tenants, § 83.58, Fla. Stat. (1991), seeking damages pursuant to section 83.04, Florida Statutes (1991). The tenants counterclaimed for wrongful eviction, harassment, and discrimination on the basis of acquired immune deficiency syndrome (AIDS), pursuant to section 760.50, Florida Statutes (1991)....

...The court also reserved jurisdiction to tax costs and attorneys fees in both orders. This court affirmed both judgments in a per curiam decision without opinion. Tenants timely filed a motion for attorneys fees and costs, as provided for in sections 83.48 and 760.50(6)(a)3., Florida Statutes (1991)....

...unitive damages, and attorney’s fees. 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 ....

...e no cause letter of determination, Byrd brought suit in Broward County Circuit Court against 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....

...ion, the Commission shall issue a letter of determination to all parties to the charge indicating the finding. The Commission's letter of determination shall be the final determination of the Commission." [2] The Florida Omnibus Aids Act, Fla. Stat. § 760.50, prohibits employers from discharging an employee or otherwise discriminating against any employee on the basis of knowledge or a belief that the employee has HIV....

...ntiff's misconduct, not her disability, which led to her eventual termination. Unsupported allegations are not sufficient to survive a motion for summary judgment. As such, Plaintiff's claim must fail. III. Wrongful Termination under Florida Statute § 760.50(3) In Count II of her First Amended Complaint, Plaintiff claims that she was wrongfully terminated in violation of Florida Statute § 760.50(3)(b), which provides that "no person may fail or refuse to hire or discharge any individual ......

...sical and mental examination to determine the extent and nature of the manifestations of human immune deficiency virus (HIV). We grant the petition and quash the trial court’s order. “X” Corporation sued for a declaration 1 of its rights under section 760.50, Florida Statutes (1989), and section 381.609, Florida Statutes (Supp.1990), which assure fair treatment in the workplace and voluntary and confidential testing to people with HIV *1220 infection. Section 760.50, prohibits an employer from discharging an employee in the knowledge or belief that the employee has tested positive for HIY unless the absence of HIV infection is a bona fide occupational qualification of the job in question....

...The complaint alleged that “Y” Person is employed by “X” corporation and has tested positive for HIV. The complaint further alleged that “Y” Person indicated that he knows he is dying and has threatened to bite or kiss other employees. In addition to a declaration of its rights under section 760.50, Florida Statutes, “X” Corporation asked for supplemental relief under subsection 86.011(2), compelling “Y” Person to submit to acquired immune deficiency syndrome (AIDS) testing....

...In that case, Wayne Belletete sued an apartment building owner for rental discrimination under the Florida Fair Housing Act, for violating his civil rights under sections 760.01-760.11 of the Florida Civil Rights Act, and for discrimination on the basis of his HIV-positive condition under section 760.50 of the *423 Florida Statutes, 6 after he voluntarily vacated an apartment at the request of the apartment building owner when one of the other occupants of the apartment building discovered he was HIV-positive and refused to live with him....

...Considering the language of this provision in the full context of the Florida Fair Housing Act, and the fact that the Legislature has omitted to require administrative exhaustion in three' other sections of the same “Civil Rights” chapter of the Florida law, the HIV-AIDS discrimination statute, section 760.50, the provision empowering the Attorney General to bring a civil or administrative action on behalf of an individual injured as a result of interference *424 with “rights secured by the State Constitution or laws of th[e] state”, se...

...sclosed, would identify that officer or employee is confidential and exempt from the disclosure provisions of section 119.07 (1), Florida Statutes, unless written permission of the employee or the employee's legal representative has been obtained. 7 Section 760.50 (5), Florida Statutes, states in part that every employer who provides or administers health insurance benefits to its employees shall maintain the confidentiality of its records and information relating to the medical condition or status of any person covered by such benefits....

...Statutes (1987) contemplates both public and private vindication); Meli Investment Corp. v. O.R., 621 So.2d 676 (Fla. 3d DCA 1993) (case was public policy enforcement case to the extent tenants' counterclaim was based on AIDS discrimination statute, section 760.50, Florida Statutes (1991), but landlord's complaint raised breach of contract issues falling under Quanstrom 's category II)....

made available to handicapped persons.” Fla.Stat. § 760.50(2). According to one commentator: “By incorporating

who are enrolled in a group insurance plan.8 Section 760.50(5), Florida Statutes, states that every employer

...Section 760.34, Florida Statutes (1991), provides that a person aggrieved by a discriminatory housing practice may file a complaint with the Commission. The final area of discrimination for which a remedy is provided is with respect to AIDS and related illnesses. § 760.50, Fla.Stat....