CopyCited 7 times | Published | District Court, S.D. Florida | 1998 U.S. Dist. LEXIS 5815, 1998 WL 199264
...In addition, the relevant facts set forth above as to Vincent's Americans with Disabilities Act claim are incorporated herein for purposes of addressing Vincent's Family and Medical Leave Act claim. IV. Discriminatory Discharge in Violation of § 1981, Title VII and § 448.075, Fla....
...t Vincent's inability to appear at his post on January 28, 1995 was due to a sickle cell crisis. Accordingly, Vincent is not entitled to summary judgment on the issue of FMLA notice. V. Discriminatory Discharge in Violation of § 1981, Title VII and § 448.075, Fla....
...o suffered from sickle cell anemia, was not qualified for a firefighter position and, therefore, could not establish an element of the prima facie case for racial discrimination). Count IV of Vincent's Third Amended Complaint also seeks relief under § 448.075, Fla....
...Stat., which provides, in pertinent part, "[n]o person, firm, corporation ... shall deny or refuse employment to any person or discharge any person from employment solely because such person has the sickle-cell trait." The parties have not cited and the Court's independent research has not located cases applying § 448.075, Fla. Stat. Instead, the parties have grouped the state law claim with the § 1981 and Title VII claims. It appears to the Court, however, that § 448.075, which concerns persons with the sickle-cell trait, does not apply to Vincent, who suffers from sickle cell anemia. See Vincent Affidavit at ¶ 4. [22] Accordingly, Wells Fargo is entitled to summary judgment as to Vincent's claim pursuant to § 448.075, Fla....
