DocketNumber: 85-790
Citation Numbers: 483 So. 2d 56, 41 Fair Empl. Prac. Cas. (BNA) 271, 11 Fla. L. Weekly 293, 1986 Fla. App. LEXIS 6023
Judges: Schwartz, C.J., and Barkdull and Jorgenson
Filed Date: 1/28/1986
Status: Precedential
Modified Date: 3/3/2016
District Court of Appeal of Florida, Third District.
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. Rateau, 449 So.2d 839 (Fla. 1st DCA 1984); but cf. Jasany v. United States Postal Service, 755 F.2d 1244 (6th Cir.1985), it was conclusively demonstrated that his exclusion from sensitive 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. Stat. (1983); School Board of Pinellas County v. Rateau, supra. Accordingly, the summary judgment for the defendant employer is
Affirmed.