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Case Number: 1:23-cv-00599
Judge: Jennifer H. Rearden
Court: United States District Court for the Southern District of New York (Manhattan County)
Plaintiff's Attorney: Mars Khaimov
Description: New York City, New York civil rights lawyer represented Plaintiff who sued Defendant on an Americans With Disabilities Act violation theory under 42 U.S.C. 12132, which provides:
Subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.
"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, education, transportation, and public accommodations. The ADA was passed in 1990 and has been amended several times since then.
The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities. Major life activities include things like walking, seeing, hearing, speaking, learning, and working.
The ADA prohibits discrimination against individuals with disabilities in all areas of public life, including:
Employment: Employers with 15 or more employees are prohibited from discriminating against individuals with disabilities in all aspects of employment, including hiring, firing, pay, promotions, and training.
Education: Schools are prohibited from discriminating against students with disabilities in all aspects of education, including admissions, classes, extracurricular activities, and athletics.
Transportation: Public transportation providers are prohibited from discriminating against individuals with disabilities in all aspects of transportation, including fares, seating, and access to restrooms.
Public accommodations: Businesses that are open to the public are prohibited from discriminating against individuals with disabilities in all aspects of their operations, including access to the premises, goods and services, and facilities.
The ADA also requires that certain businesses and organizations make reasonable accommodations for individuals with disabilities. Reasonable accommodations can include things like providing wheelchair ramps, accessible parking, and interpreters for individuals who are deaf or hard of hearing.
If you believe that you have been discriminated against on the basis of your disability, you may be able to file a complaint with the U.S. Department of Justice (DOJ). The DOJ will investigate your complaint and, if they find that discrimination has occurred, they may take action to enforce the ADA. You may also be able to file a lawsuit against the person or organization that discriminated against you.
The ADA is a powerful law that protects the rights of individuals with disabilities. If you believe that you have been discriminated against, you should speak with an attorney to discuss your legal options.
Here are some examples of discrimination against individuals with disabilities:
An employer refuses to hire a qualified individual with a disability because of their disability.
A school denies a student with a disability admission to a program or activity because of their disability.
A public transportation provider refuses to provide a wheelchair-accessible bus to a person with a disability.
A business refuses to let a person with a disability use their restroom because of their disability.
If you believe that you have been discriminated against on the basis of your disability, you should speak with an attorney to discuss your legal options. An attorney can help you determine if you have a case and can help you file a lawsuit, if necessary.
Here are some additional things to keep in mind about discrimination against individuals with disabilities:
Discrimination against individuals with disabilities is illegal.
You can file a complaint with the DOJ if you believe that you have been discriminated against.
You may also be able to file a lawsuit against the person or organization that discriminated against you.
You may be entitled to damages if you are successful in your lawsuit.
The ADA is a complex law, and there are many nuances to its application. If you have any questions about the ADA, you should speak with an attorney."
Outcome: L: The Court, having been advised at ECF No. 24 that the parties have reached a settlement in principle, hereby ORDERS that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the action within 30 days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed thereafter may be denied solely on that basis. Further, requests to extend the deadline to reopen are unlikely to be granted. If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the deadline to reopen to be "so ordered" by the Court. Per Paragraph 6.A of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are cancelled. The Clerk of Court is directed to CLOSE the case. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 8/8/2023) (kv) (Entered: 08/08/2023)