Jared Charlap and Karen Clark v. Offbeat Ventures, L.L.C.

Pittsburgh, Pennsylvania employment law lawyer represented Plaintiff, who sued Offbeat Ventures, LLC, Drmtlgy, LLC, Iqair North America, Inc., Spreadshirt, Inc., McIntosh Laboratory, Inc. and Theisen's, Inc., Freedom Laser Therapy, Inc., Ember Technologies, Inc., AWB, Inc., Spoils Media, Inc, Digital Room, L.L.C., Barton Watchbands Holdco, LLLC, Vanity Planet, LLC, Speer Laboratories, LLC, Pangea Naturals, Inc., Hive Endeavors, LLC, Kitu Life, Inc., Blade HQ, LLC, Erimish, LLC, Logitech, Inc., and Monowear, Inc. on The Americans With Disabilities Act of 1990 violation theories.



42 U.S. Code § 12101



(a) FindingsThe Congress finds that—

(1) physical or mental disabilities in no way diminish a person's right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination;

(2) historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem;

(3) discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services;

(4) unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination;

(5) individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities;

(6) census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferior status in our society, and are severely disadvantaged socially, vocationally, economically, and educationally;

(7) the Nation's proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals; and

(8) the continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity.

(b) PurposeIt is the purpose of this chapter—

(1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;

(2) to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities;

(3) to ensure that the Federal Government plays a central role in enforcing the standards established in this chapter on behalf of individuals with disabilities; and

(4) to invoke the sweep of congressional authority, including the power to enforce the fourteenth amendment and to regulate commerce, in order to address the major areas of discrimination faced day-to-day by people with disabilities.

04/22/2021 Minute Entry for proceedings held before Judge Arthur J. Schwab: Initial Case Management Conference held on 4/22/2021. Counsel for Plaintiff and Defendant Logitech, Inc. informed the Court that the case has settled. (Court Reporter: Marsia Balobeck) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (lck) (Entered: 04/22/2021)

04/22/2021 159 NOTICE of Settlement as to Defendant Logitech Inc. dba Ultimate Ears by KAREN CLARK (Sweet, Benjamin) (Entered: 04/22/2021)

04/22/2021 160 TEXT ORDER approving 159 Notice of Settlement filed by KAREN CLARK, LOGITECH, INC. terminated. Signed by Judge Arthur J. Schwab on 4/22/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck) (Entered: 04/22/2021)

04/22/2021 161 TEXT ORDER - All defendants have settled or dismissed in this case, therefore, Clerk is to mark CASE CLOSED. Signed by Judge Arthur J. Schwab on 4/22/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck) (Entered: 04/22/2021)