Defendant's Attorney: No appearance

Description: Springfield, Missouri civil rights lawyer represented the Plaintiff who sued the Defendant on a American with Disabilities Act violation theory under 42 U.S.C. 12101.

"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, government services,

To establish a prima facie case of ADA violation, an individual must show that they:

Have a disability.
Are otherwise qualified for the position or service at issue.
Were denied the position or service solely because of their disability.

If an individual can establish a prima facie case, the burden of production shifts to the employer or service provider to show that the denial was justified. The employer or service provider must show that the individual's disability poses a direct threat to the health or safety of themselves or others.

There are a number of defenses that an employer or service provider may raise in an ADA case. These defenses include:

Qualification defense: The employer or service provider may argue that the individual is not qualified for the position or service at issue.
Direct threat defense: The employer or service provider may argue that the individual's disability poses a direct threat to the health or safety of themselves or others.
Reasonable accommodation defense: The employer or service provider may argue that they have provided a reasonable accommodation to the individual's disability.

If an individual is successful in proving that they were discriminated against under the ADA, they may be entitled to a number of remedies, including:

Injunctive relief:** This can include an order to reinstate the individual to their former position, to promote them to a new position, or to provide them with the accommodations they need to perform their job.
Back pay:** This is the amount of money that the individual would have earned if they had not been discriminated against.
Front pay:** This is the amount of money that the individual is likely to earn in the future if they are unable to find a new job.
Compensatory damages:** These are damages for the emotional distress and other non-economic harm that the individual has suffered.
Punitive damages:** These are damages that are intended to punish the employer or service provider for their discriminatory conduct.

If you believe that you have been discriminated against under the ADA, you should contact an attorney as soon as possible. An attorney can help you understand your rights and can represent you in court if necessary."

Google Bard

Outcome: 11/07/2023 3 STIPULATION of dismissal without prejudice by Melissa Mulich. (Lampert, Raymond) (Entered: 11/07/2023)
11/07/2023 4 Order of Dismissal without prejudice. Signed on 11/7/23 by District Judge M. Douglas Harpool. (View, Pat) (Entered: 11/07/2023)

Plaintiff's Experts:

Defendant's Experts:

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