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KURTZ v. CITY OF NORTH MIAMI

No. 92-2038.

625 So.2d 899 (1993)

Arlene KURTZ, Appellant, v. The CITY OF NORTH MIAMI, Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 12, 1993.

Attorney(s) appearing for the Case

Mitrani, Rynor & Gallegos, P.A., and Pamela A. Chamberlin, Miami, for appellant.

Pedro P. Echarte, Jr., Miami, Thomas M. Pflaum, Micanopy, for appellee.

Before HUBBART, JORGENSON and COPE, JJ.

JORGENSON, Judge.

By this appeal we determine whether the City of North Miami may require prospective job applicants to refrain from lawful conduct unrelated to job functions in order to be considered for employment. We conclude that it may not and reverse the summary judgment entered against Arlene Kurtz.

Kurtz submitted an employment application for a clerk-typist position with the City of North Miami. In December 1989, Kurtz took and passed a written examination...

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