Defendant's Attorney: Pamela S. Reynolds and Erin Train

Description: White Plaintiffs, New York civil rights lawyer represented the Plaintiff who sued the Defendant on an Americans with Disabilities Act - Employment Discrimination theory.

"The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities in all areas of public life, including employment. Under the ADA, an employer cannot discriminate against a qualified individual with a disability because of the disability.

To establish a claim for employment discrimination under the ADA, an individual must prove the following elements:

They have a disability.
They are otherwise qualified for the position or service at issue.
They were denied the position or service solely because of their disability.

Disability

Under the ADA, a disability is defined as 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.

Qualified individual

A qualified individual is someone who can perform the essential functions of the job with or without reasonable accommodation. Essential functions are the fundamental, core duties of the job that must be performed by all employees in that position.

Reasonable accommodation

A reasonable accommodation is a modification or adjustment to the job or work environment that enables a qualified individual with a disability to perform the essential functions of the job. Reasonable accommodations can include things like modifying work schedules, providing assistive devices, or making changes to the physical work environment.

Remedies

If an individual is successful in proving a claim of employment discrimination under the ADA, they may be entitled to a number of remedies, including:

Back pay, which is the amount of money the individual would have earned if they had not been discriminated against.
Front pay, which is the amount of money the individual is likely to earn in the future if they are unable to find a new job.
Reinstatement to their former position or a similar position.
Injunctive relief, which is a court order requiring the employer to stop discriminating against the individual and to provide the individual with reasonable accommodations.
Compensatory damages, which are damages for the emotional distress and other non-economic harm that the individual has suffered.

Punitive damages

Punitive damages may also be available in cases of intentional discrimination or reckless disregard for the law. Punitive damages are intended to punish the employer for their conduct and to deter other employers from engaging in similar conduct.

If you believe that you have been discriminated against under the ADA, you should contact an attorney to discuss your legal options. An attorney can help you determine whether you have a valid claim and can represent you in court if necessary."

Google Bard

Outcome:
The Court has been advised the parties have settled this case. (Doc. #16). Accordingly, it is hereby ORDERED that this action is dismissed without costs, and without prejudice to the right to restore the action to the Court's calendar, provided the application to restore the action is made by no later than January 8, 2024. To be clear, any application to restore the action must be filed by January 8, 2024, and any application to restore the action filed thereafter may be denied solely on the basis that it is untimely.

Plaintiff's Experts:

Defendant's Experts:

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