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The 2025 Florida Statutes
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F.S. 760.50760.50 Discrimination on the basis of AIDS, AIDS-related complex, and HIV prohibited.—(1) The Legislature finds and declares that persons infected or believed to be infected with human immunodeficiency virus have suffered and will continue to suffer irrational and scientifically unfounded discrimination. The Legislature further finds and declares that society itself is harmed by this discrimination, as otherwise able-bodied persons are deprived of the means of supporting themselves, providing for their own health care, housing themselves, and participating in the opportunities otherwise available to them in society. The Legislature further finds and declares that remedies are needed to correct these problems. (2) Any person with or perceived as having acquired immune deficiency syndrome, acquired immune deficiency syndrome related complex, or human immunodeficiency virus shall have every protection made available to handicapped persons. (3)(a) No person may require an individual to take a human immunodeficiency virus-related test as a condition of hiring, promotion, or continued employment unless the absence of human immunodeficiency virus infection is a bona fide occupational qualification for the job in question. (b) No person may fail or refuse to hire or discharge any individual, segregate or classify any individual in any way which would deprive or tend to deprive that individual of employment opportunities or adversely affect his or her status as an employee, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment on the basis of knowledge or belief that the individual has taken a human immunodeficiency virus test or the results 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. (c) A person who asserts that a bona fide occupational qualification exists for human immunodeficiency virus-related testing shall have the burden of proving that:1. The human immunodeficiency virus-related test is necessary to ascertain whether an employee is currently able to perform in a reasonable manner the duties of the particular job or whether an employee will present a significant risk of transmitting human immunodeficiency virus infection to other persons in the course of normal work activities; and 2. There exists no means of reasonable accommodation short of requiring that the individual be free of human immunodeficiency virus infection. (4)(a) 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, infected with human immunodeficiency virus. (b) A person or other entity receiving or benefiting from state financial assistance may not discriminate against an otherwise qualified individual on the basis of the fact that such individual is, or is regarded as being, infected with human immunodeficiency virus. (c) A person who asserts that an individual who is infected with human immunodeficiency virus is not otherwise qualified shall have the burden of proving that no reasonable accommodation can be made to prevent the likelihood that the individual will, under the circumstances involved, expose other individuals to a significant possibility of being infected with human immunodeficiency virus. (d) A person may not fail or refuse to hire or discharge any individual, segregate or classify any individual in any way which would deprive or tend to deprive that individual of employment opportunities or adversely affect his or her status as an employee, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment on the basis of the fact that the individual is a licensed health care professional or health care worker who treats or provides patient care to persons infected with human immunodeficiency virus. (5) Every employer who provides or administers health insurance benefits or life insurance benefits to its employees shall maintain the confidentiality of information relating to the medical condition or status of any person covered by such insurance benefits. Such information in the possession of a public employer is exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. An employer shall be liable in damages to any person damaged by its failure to implement such a procedure. (6)(a) Any person aggrieved by a violation of this section shall have a right of action in the circuit court and may recover for each violation:1. Against any person who violates a provision of this section, liquidated damages of $1,000 or actual damages, whichever is greater. 2. Against any person who intentionally or recklessly violates a provision of this section, liquidated damages of $5,000 or actual damages, whichever is greater. 3. Reasonable attorney’s fees. 4. Such other relief, including an injunction, as the court may deem appropriate. (b) Nothing in this section limits the right of the person aggrieved by a violation of this section to recover damages or other relief under any other applicable law. History.—s. 45, ch. 88-380; s. 14, ch. 89-350; s. 6, ch. 94-90; s. 421, ch. 96-406; s. 1796, ch. 97-102.
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Annotations, Discussions, Cases:
Cases Citing Statute 760.50
Total Results: 17
490 F.3d 826, 68 Fed. R. Serv. 3d 241, 19 Am. Disabilities Cas. (BNA) 680, 2007 U.S. App. LEXIS 15175, 2007 WL 1814677
Court of Appeals for the Eleventh Circuit | Filed: Jun 26, 2007 | Docket: 474837
Cited 643 times | Published
*828
AIDS Act (“FOAA”), Fla. Stat. § 760.50. As a matter of first impression, we hold that
948 So. 2d 921, 2007 WL 461322
District Court of Appeal of Florida | Filed: Feb 14, 2007 | Docket: 2518341
Cited 22 times | Published
violation of (1) the Florida Omnibus AIDS Act, section 760.50(3)(b), Florida Statutes; and (2) the Florida
573 So. 2d 135, 6 I.E.R. Cas. (BNA) 176, 1991 Fla. App. LEXIS 129, 1991 WL 1090
District Court of Appeal of Florida | Filed: Jan 10, 1991 | Docket: 479176
Cited 21 times | Published
handicap. In 1989, the Legislature enacted section 760.50 which expressly provides that any person with
622 So. 2d 1098, 2 Am. Disabilities Cas. (BNA) 1201, 1993 Fla. App. LEXIS 8191, 63 Empl. Prac. Dec. (CCH) 42,697, 1993 WL 292069
District Court of Appeal of Florida | Filed: Aug 6, 1993 | Docket: 804098
Cited 13 times | Published
rights, duties, and responsibilities concerning section 760.50, Florida Statutes (1991), which prohibits discrimination
989 F. Supp. 1462, 7 Am. Disabilities Cas. (BNA) 1523, 1997 U.S. Dist. LEXIS 21475, 1997 WL 817204
District Court, S.D. Florida | Filed: Dec 11, 1997 | Docket: 1074048
Cited 12 times | Published
(29 U.S.C. § 794), The Florida Omnibus AIDS Act (§ 760.50, Florida Statutes) and The Florida Civil Rights
886 So. 2d 308, 2004 WL 2534244
District Court of Appeal of Florida | Filed: Nov 10, 2004 | Docket: 1721204
Cited 5 times | Published
Fair Housing Act (FHA), and Florida Statutes section 760.50, in addition to alleging negligent infliction
122 F.3d 892, 1997 U.S. App. LEXIS 22847, 1997 WL 533783
Court of Appeals for the Eleventh Circuit | Filed: Aug 29, 1997 | Docket: 956682
Cited 3 times | Published
Florida AIDS discrimination statute, Fla. Stat. § 760.50. Count Five sought recovery under the Florida
621 So. 2d 676, 1993 Fla. App. LEXIS 7030, 1993 WL 243125
District Court of Appeal of Florida | Filed: Jul 6, 1993 | Docket: 1677832
Cited 3 times | Published
immune deficiency syndrome (AIDS), pursuant to section 760.50, Florida Statutes (1991). The partial final
26 So. 3d 600, 22 Am. Disabilities Cas. (BNA) 1445, 2009 Fla. App. LEXIS 18431, 2009 WL 4282945
District Court of Appeal of Florida | Filed: Dec 2, 2009 | Docket: 239434
Cited 2 times | Published
violation of the Florida Omnibus AIDS Act, section 760.50(3)(b), Florida Statutes;2 (2) violation of
47 F. Supp. 2d 1365, 1999 U.S. Dist. LEXIS 7089, 1999 WL 304609
District Court, S.D. Florida | Filed: Apr 21, 1999 | Docket: 2391290
Cited 2 times | Published
III. Wrongful Termination under Florida Statute § 760.50(3)
In Count II of her First Amended Complaint
212 So. 3d 419, 2016 Fla. App. LEXIS 18680
District Court of Appeal of Florida | Filed: Dec 21, 2016 | Docket: 4555832
Cited 1 times | Published
the basis of his HIV-positive condition under section 760.50 of the *423Florida Statutes,6 after he voluntarily
606 So. 2d 1219, 2 Am. Disabilities Cas. (BNA) 278, 1992 Fla. App. LEXIS 10443, 60 Empl. Prac. Dec. (CCH) 41,933, 60 Fair Empl. Prac. Cas. (BNA) 234, 1992 WL 275623
District Court of Appeal of Florida | Filed: Oct 7, 1992 | Docket: 64670910
Cited 1 times | Published
sued for a declaration1 of its rights under section 760.50, Florida Statutes (1989), and section 381.609
Florida Attorney General Reports | Filed: Feb 25, 1998 | Docket: 3257706
Published
who are enrolled in a group insurance plan.8 Section 760.50(5), Florida Statutes, states that every employer
659 So. 2d 1236, 1995 Fla. App. LEXIS 9002, 1995 WL 502096
District Court of Appeal of Florida | Filed: Aug 25, 1995 | Docket: 64758555
Published
is with respect to AIDS and related illnesses. § 760.50, Fla.Stat. (1991).
Although the purpose of the
Florida Attorney General Reports | Filed: Sep 28, 1994 | Docket: 3258759
Published
employee's legal representative has been obtained.7 Section 760.50(5), Florida Statutes, states in part that every
624 So. 2d 761, 1993 Fla. App. LEXIS 9224, 1993 WL 347689
District Court of Appeal of Florida | Filed: Sep 14, 1993 | Docket: 2546913
Published
counterclaim was based on AIDS discrimination statute, section 760.50, Florida Statutes (1991), but landlord's complaint
935 F.2d 1179
Court of Appeals for the Eleventh Circuit | Filed: Jul 12, 1991 | Docket: 66265199
Published
made available to handicapped persons.” Fla.Stat. § 760.50(2). According to one commentator: “By incorporating
