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Date: 11-22-2023
Case Style:
Case Number: 1:22-cv-00700
Judge: Michael R. Barrett
Court: United States District Court for the Southern District of Ohio (Hamilton County)
Plaintiff's Attorney:
Defendant's Attorney: Amy Eileen Flowers
Description: Cincinnati, Ohio civil rights lawyer represented the Plaintiff who sued the Defendants on an Americans with Disabilities Act violation theory.
"The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including employment, transportation, public accommodations, communications, and access to state and local government programs and services.
Key Provisions of the ADA
Title I: Employment
Title II: Public Services
Title III: Public Accommodations
Title IV: Telecommunications
Title V: State and Local Governments
Prohibited Practices
The ADA prohibits a wide range of discriminatory practices, including:
Refusal to hire: Employers cannot refuse to hire an applicant because of their disability.
Discrimination in terms and conditions of employment: Employers cannot discriminate against an employee in hiring, firing, promotion, compensation, or other terms and conditions of employment because of their disability.
Harassment: Employers cannot create or tolerate a hostile work environment for employees based on their disability.
Retaliation: Employers cannot retaliate against employees for filing a charge of discrimination or for participating in an investigation of discrimination.
Who is Protected by the ADA?
The ADA protects individuals with disabilities who meet the following definition:
A physical or mental impairment that substantially limits one or more major life activities
A history of such an impairment
Being regarded as having such an impairment
How to File a Complaint with the ADA
If you believe that your rights under the ADA have been violated, you may file a complaint with the Department of Justice (DOJ) or the Equal Employment Opportunity Commission (EEOC).
Remedies for ADA Violations
If an individual is successful in proving a claim for discrimination under the ADA, they may be entitled to a number of remedies, including:
Back pay: Back pay is the wages that an individual would have earned if they had not been discriminated against.
Front pay: Front pay is the wages that an individual is expected to earn in the future if they are unable to find a job due to discrimination.
Reinstatement: Reinstatement is the right of an individual to be reinstated to their job after being discriminated against.
Injunctive relief: Injunctive relief is a court order that prohibits the defendant from continuing to discriminate against the individual.
Compensatory damages: Compensatory damages are damages that are intended to compensate the individual for the harm that they have suffered as a result of the discrimination.
Punitive damages: Punitive damages are damages that are intended to punish the defendant for their reckless or willful conduct.
Conclusion
The ADA is a vital law that protects the rights of millions of Americans with disabilities. It has helped to create a more fair and equitable society for all. If you believe that you have been discriminated against under the ADA, you should take action to protect your rights.
Additional Resources
U.S. Department of Justice (DOJ)
Equal Employment Opportunity Commission (EEOC)
National Disability Rights Network (NDRN)
Disability Rights Education & Defense Fund (DREDF)"
Google Bard
Outcome: Settled for an undisclosed sum and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: