Defendant's Attorney: Mekesha Houchins Montgomery

Description: Knoxville, Tennessee civil rights lawyer represented the Plaintiff who sued the Defendants on Americans with Disabilities Act violation theories.

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

Purposes of the ADA

The ADA was enacted in 1990 to:

Provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities
Increase the participation of individuals with disabilities in the community and in society
Advance the independence and self-sufficiency of individuals with disabilities

Key Provisions of the ADA

The ADA prohibits discrimination against individuals with disabilities in all areas of public life, including:

Employment: Employers cannot discriminate against qualified individuals with disabilities in hiring, firing, promotions, job training, and compensation.
Education: Public elementary and secondary schools, as well as colleges and universities, cannot discriminate against students with disabilities in admissions, academic programs, and extracurricular activities.
Transportation: Public transportation providers cannot discriminate against individuals with disabilities in the provision of transportation services.
Government services: State and local governments cannot discriminate against individuals with disabilities in the provision of government services.
Commercial facilities: All businesses and other commercial facilities that are open to the public must be accessible to individuals with disabilities.

Remedies for Discrimination Under the ADA

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.

Enforcement of the ADA

The ADA is enforced by the U.S. Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC). The DOJ is responsible for enforcing the ADA in all areas of public life except for employment. The EEOC is responsible for enforcing the ADA in employment.

Individuals with Disabilities

Under the ADA, a person with a disability is defined as someone who has a physical or mental impairment that substantially limits one or more major life activities. Major life activities include activities such as walking, talking, eating, sleeping, and working.

Conclusion

The ADA is a vital law that protects the rights of millions of Americans with disabilities. It has helped to create a more inclusive and equitable society for all."

Google Bard

Outcome: By agreement of the Defendants, CHG Senior Living of Knoxville, LLC d/b/a Trinity Hills of Knoxville and Cornerstone Healthcare Group Holding, Inc., and Plaintiff Stephanie Elswick, and the Court being otherwise sufficiently advised: IT IS HEREBY ORDERED AND ADJUDGED that all of Plaintiff's claims against Defendant are hereby DISMISSED in their entirety and with prejudice, with each party to bear its own costs. Signed by District Judge J Ronnie Greer on 11/15/2023. (CAT) (Entered: 11/15/2023)

Plaintiff's Experts:

Defendant's Experts:

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