Janelys Herndandez v. Alexia Admor French Designer Group, Ltd.

New York, New York civil rights lawyer represented the Plaintiff who sued the Defendant on a 42:12132 Americans with Disabilities Act - Discrimination theory.



"42 U.S.C. § 12132 of the Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities in all areas of public life, including employment, education, transportation, government services, and commercial facilities.



To establish a claim for discrimination under 42 U.S.C. § 12132, an individual must prove the following elements:



They are a person with a disability.

They were discriminated against because of their disability.

The discrimination occurred in one of the areas of public life covered by the ADA.



Person with a disability



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.



Discriminated against because of their disability



For discrimination to be prohibited under the ADA, it must be motivated by the individual's disability. This means that the individual must be treated differently because of their disability.



Occurred in one of the areas of public life covered by the ADA



The ADA prohibits discrimination in the following areas of public life:



Employment

Education

Transportation

Government services

Commercial facilities



Examples of discrimination under 42 U.S.C. § 12132



Here are some examples of discrimination that is prohibited under 42 U.S.C. § 12132:



An employer refuses to hire a qualified applicant because they have a disability.

A school suspends a student with a disability for minor behavior problems, but does not suspend other students for similar behavior problems.

A bus driver refuses to let a passenger with a disability board the bus.

A government office does not provide a sign language interpreter for a person who is deaf.

A restaurant does not have a wheelchair ramp.



Remedies for discrimination under 42 U.S.C. § 12132



If an individual is successful in proving a claim for discrimination under 42 U.S.C. § 12132, they may be entitled to a number of remedies, including:



Back pay

Front pay

Reinstatement

Injunctive relief

Compensatory damages

Punitive damages



If you believe that you have been discriminated against under 42 U.S.C. § 12132, 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

NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) Alexia Admor French Designer Group, Ltd.. Document filed by Janelys Hernandez. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Abou-Saab, Noor) (Entered: 11/08/2023)