Penny Evans v. Fortune International, LLC

Chicago, Illinois, civil rights lawyer represented the Plaintiff who sued on a Americans with Disabilities Act violaiton theory.



AI Overview



The Americans with Disabilities Act: A Brief Background ...

An Americans with Disabilities Act (ADA) violation occurs when a covered entity discriminates against a qualified individual with a disability in areas like employment, public services, or public accommodations. The main violation theories are discrimination based on disability, failure to provide a reasonable accommodation, and failure to remove barriers in existing facilities. Discrimination is the act of treating someone unfavorably because of their disability, while a reasonable accommodation is a modification to a job or the environment that allows an individual with a disability to perform job functions or enjoy benefits. Failure to remove physical barriers in existing buildings where it is "easy to do so" is also a violation.

Key legal theories for ADA violations



Discrimination based on disability:



This is the most direct form of violation and occurs when a covered entity treats a person with a disability unfavorably because of their disability.



Examples include refusing to hire or promote someone with a disability, or excluding them from a service, program, or activity.



Failure to reasonably accommodate:



This applies when a modification is needed for an employee with a disability to perform their job duties, apply for a job, or enjoy employment benefits.



An employer may fail to provide a "reasonable accommodation" by not modifying a work environment or a usual way of doing things to allow the employee with a disability to do their job.



Failure to remove barriers:



This theory applies to public accommodations and commercial facilities.



It requires businesses and organizations to remove architectural and communication barriers in existing facilities where it is "readily achievable" to do so, meaning it is "easy to accomplish without much difficulty or expense".

Examples include installing ramps, ensuring accessible routes, and making sure signage is in the correct location.



Other relevant points



Covered entities:

The ADA applies to state and local governments, private employers, public accommodations (like restaurants, hotels, and theaters), and commercial facilities.



Who is protected:



The ADA protects individuals with a physical or mental impairment that substantially limits one or more major life activities; a person who has a history of such an impairment; or a person who is "regarded as" having such an impairment.



Penalties:



Penalties for violations can include monetary damages, fines from the Department of Justice, and injunctive relief, such as required physical modifications or policy changes.

STIPULATION of Dismissal with Prejudice (Eisenback, Chad) (Entered: 10/24/2025)