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Date: 08-04-2023
Case Style:
Case Number: 1:22-cv-06901
Judge: Jennifer L. Rochon
Court: United States District Court for the Southern District of New York (Manhattan County)
Plaintiff's Attorney: Tony Harwood
Defendant's Attorney: Andrew Kincaid and Jon Lynn
Description: New York City, New York employment law lawyer represented Plaintiff who sued Defendants on an Americans with Disability employment discrimination theory.
The claims made and defenses asserted are not available.
"The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities in all aspects of employment, including hiring, firing, promotion, compensation, training, and benefits.
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, breathing, learning, and working.
An employer cannot refuse to hire someone because of their disability, and they cannot fire someone because of their disability. An employer also cannot discriminate against someone with a disability in terms of compensation, training, or benefits.
If an employer believes that a person with a disability cannot perform the essential functions of the job, the employer must first try to determine if there is a reasonable accommodation that would allow the person to perform the job. A reasonable accommodation is a change to the job, the work environment, or the way that the job is performed that would allow a person with a disability to perform the job.
For example, an employer might need to provide a ramp for a wheelchair user, or a sign language interpreter for a deaf employee.
If an employer cannot find a reasonable accommodation that would allow a person with a disability to perform the job, the employer may be able to refuse to hire the person or to fire the person. However, the employer must be able to show that the person cannot perform the essential functions of the job even with a reasonable accommodation.
If you believe that you have been discriminated against in employment because of your disability, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is a federal agency that enforces the ADA.
You can also file a lawsuit against the employer who discriminated against you. However, it is important to speak with an attorney before filing a lawsuit.
Here are some examples of employment discrimination against people with disabilities:
An employer refuses to hire someone because they have a disability.
An employer fires someone because they have a disability.
An employer denies someone a promotion because they have a disability.
An employer pays someone less because they have a disability.
An employer refuses to provide a reasonable accommodation to someone with a disability.
If you believe that you have been discriminated against in employment because of your disability, it is important to document the discrimination. This includes keeping copies of any relevant documents, such as job applications, performance reviews, and pay stubs. You should also keep a record of any conversations that you have with your employer about the discrimination.
It is also important to talk to someone about the discrimination. This could be a friend, family member, or an attorney. Talking to someone can help you to process what has happened and to decide what you want to do next.
If you decide to file a complaint with the EEOC, you will need to file a Form EEOC-1. You can find the form on the EEOC website. You will also need to provide the EEOC with information about the discrimination, such as the date of the discrimination, the name of the employer, and the job that you were applying for.
The EEOC will investigate your complaint. If the EEOC finds that there is reasonable cause to believe that you have been discriminated against, it will try to reach a settlement with the employer. If the EEOC cannot reach a settlement, you may be able to file a lawsuit against the employer.
Employment discrimination against people with disabilities is a serious problem. If you believe that you have been the victim of employment discrimination, it is important to take action. You can file a complaint with the EEOC or file a lawsuit. By taking action, you can help to protect your rights and to ensure that other people are not discriminated against in the workplace."
Google Bard
Outcome: The Court having been advised at ECF No. 50 that all claims asserted herein have been settled in principle, it is ORDERED 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 thirty 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. 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 4(C) 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 L. Rochon on 8/4/2023) (jca) (Entered: 08/04/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: