Summary
In Kraft v. Bechtel Power Corporation, 483 So.2d 56 (Fla.App. 3 Dist. 1986), a Florida appellate court affirmed the refusal of the Turkey Point nuclear power plant to employ a diabetic, based upon a finding that his medical condition rendered him unable to meet a "bona fide occupational qualification reasonably necessary for the performance of the particular employment."
Summary of this case from Serrapica v. City of New YorkOpinion
No. 85-790.
January 28, 1986. Rehearing Denied March 3, 1986.
Appeal from the Circuit Court, Dade County, Edward S. Klein, J.
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.
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.