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Date: 10-26-2023

Case Style:

Howard Cuban v. Chick-fil-A, Inc.

Case Number: 1:23-cv-03906

Judge: Edmond E. Chang

Court: United States District Court for the Northern District of Illinois (Cook County)

Plaintiff's Attorney:

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Defendant's Attorney: Jade Yee

Description: Chicago, Illinois civil rights lawyer represented the Plaintiff who sued the Defendant on an Americans with Disabilities Act violation theory.

The Americans with Disabilities Act of 1990 (ADA) is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including employment, education, transportation, state and local government services, and telecommunications.

The ADA defines a person with a disability as someone who has a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or is regarded as having such an impairment. Major life activities include such things as walking, talking, seeing, hearing, breathing, learning, working, caring for oneself, and performing manual tasks.

The ADA prohibits discrimination against individuals with disabilities in the following areas:

Employment: Employers cannot discriminate against individuals with disabilities in hiring, firing, promotions, job assignments, training, compensation, and benefits.
Education: Public and private schools must provide students with disabilities with a free and appropriate public education (FAPE). This means that schools must provide students with disabilities with the same educational opportunities as students without disabilities, to the greatest extent possible.
Transportation: Public transportation providers must make their services accessible to individuals with disabilities. This includes providing paratransit services to individuals who cannot use regular public transportation.
State and local government services: State and local government agencies must provide their services to individuals with disabilities in a way that is accessible and effective. This may include providing sign language interpreters, assistive listening devices, or other accommodations.
Telecommunications: Telecommunications companies must provide their services to individuals with disabilities in a way that is accessible and effective. This may include providing relay services to individuals who are deaf or hard of hearing, or providing text-to-speech and speech-to-text services to individuals who are blind or visually impaired.

The ADA also requires employers and other covered entities to make reasonable accommodations for individuals with disabilities. This means that employers and other covered entities must make changes to their policies or practices, or provide auxiliary aids or services, to allow individuals with disabilities to participate in and benefit from their programs, services, or activities.

The ADA is an important law that protects the rights of individuals with disabilities. It has helped to ensure that individuals with disabilities have equal access to all areas of public life.

Here are some examples of reasonable accommodations that employers and other covered entities may be required to provide to individuals with disabilities:

Providing a ramp or other access to a building
Providing a sign language interpreter or other communication assistance
Modifying work duties or schedules
Providing assistive technology
Allowing employees to work from home

If you believe that you have been discriminated against in violation of the ADA, you should contact the Equal Employment Opportunity Commission (EEOC) or your state's attorney general's office. You may also be able to file a lawsuit in federal court.

Outcome: MINUTE entry before the Honorable Edmond E. Chang: Pursuant to the notice of settlement, R. 14, and to avoid unnecessary status hearings and to provide time to exchange consideration, the case is dismissed without prejudice and with full leave to reinstate via motion filed by 12/01/2023. If no motion to reinstate is filed by that date, then the dismissal will automatically convert to a dismissal with prejudice, without further action by the Court. Status hearing of 11/27/2023 and any other deadlines are vacated. The Court notes that if the parties contemplate a longer-term retention of jurisdiction, a dismissal with prejudice generally deprives the Court of jurisdiction to enforce the settlement agreement. See Judge Chang's website, at the Settlement Dismissal Orders link. So the parties should eventually file the appropriate form of stipulated dismissal (as described at the link) if retention of jurisdiction is contemplated. Civil case terminated. Emailed notice (mw, ) (Entered: 10/26/2023)

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