District Court of Appeal of Florida

Whether an HIV infected individual is disabled under the ADA or handicapped under the Florida Civil Rights Act turns on the facts of each case. In an action alleging human immunodeficiency virus (HIV) discrimination, summary judgment for defendant-employer is reversed in part as to statutory claims where plaintiff, an HIV positive Wendy's restaurant employee, presented a sufficient case of unlawful discrimination to survive summary judgment.

Appellate Information

• Decided 02/14/2007
• Published 02/14/2007

Judges

• GROSS, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Keith M. Stern and Stacey H. Cohen of Shavitz Law Group, P.A., Boca Raton, for appellant.


• For Appellees:
  
• Derek A. Schwartz of Derek A. Schwartz, P.A., Boca Raton, for appellee.