Key Takeaways

  • ADA stands for the Americans with Disabilities Act, a federal civil rights law that prohibits discrimination against individuals with disabilities in employment, public services, transportation, and public accommodations.
  • The law ensures equal opportunity and accessibility across workplaces, businesses, and government programs.
  • Five Titles of the ADA define specific protections, from employment to telecommunications.
  • Filing an ADA complaint follows a structured process through agencies like the EEOC or DOJ, depending on the type of violation.
  • ADA compliance applies to physical spaces, digital platforms, and employment practices.
  • Investigation outcomes may include mediation, corrective action, or lawsuits.
  • Individuals are protected from retaliation when asserting their ADA rights.

by Daniel J. McAdam

If you've been discriminated against at work because of your disability, there are remedies. Here are some tips for making the most of them.

"It will forever ruin your career."

"You'll never win."

"Even if you win, the company will make life miserable for you afterwards."

The above quotes are just a sample of the advice that I was given - frequently - when I decided to file a discrimination complaint against my employer. The advice came from friends, and it wasn't unreasonable, or ill-intentioned. But it wasn't good advice. The truth is, most people regard requests for enforcement of anti- discrimination laws the same way they regard fire extinguishers in hallways - they're there, in case of an emergency, but you hope you never have to use them.

Not true. What is true is that, if you see a law being broken, you should report it to the proper authorities. Whether the law in question has to do with protection of personal property, or discrimination, or anything else is ultimately a secondary consideration. When you file a discrimination complaint, you are reporting what you perceive to be a violation of law. The question, then, is not whether you should report the violation, but rather how you should report the violation. Below are some guidelines, developed through experience. Before you dive in, a word of caution: I'm not a lawyer. Since this is a legal matter we're discussing, it's to your advantage to seek competent counsel from a licensed attorney prior to taking any action.

Know What You're Talking About

In the immortal words of Daniel Boone, "Be sure you're right. Then go ahead." The only way that you're going to be sure you're right is to know what the laws are. Your attorney can help you, but you still need to familiarize yourself with the applicable laws and understand their key points.

If you've been discriminated against because of a disability, the best place to start is with a small 32-page booklet issued jointly by the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice - Civil Rights Division, entitled "The Americans with Disabilities Act - Questions and Answers." You can get the booklet by writing directly to the EEOC. (The address appears at the end of this article.)

The Americans with Disabilities Act, or ADA, applies to all private employers with 15 or more employees, as well as to State and local governments, employment agencies and labor unions. Fortunately, the act is fairly clear about what rules an employer must follow with regard to disabled employees. While most discussions regarding the ADA focus on the requirement for reasonable accommodations, the act is much broader than that. To quote:

"The ADA prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions and privileges of employment."

Thus, for example, if you were denied advancement solely because of your disability, and if you would have been able to perform the duties of the higher position with reasonable accommodation, there's a good possibility that your employer violated the ADA. It's certainly worth looking into.

The ADA is a great law, but it's not the only law that protects disabled individuals against discrimination. Employees who work for:

  1. the United States government;
  2. contractors with the United States government, or;
  3. recipients of Federal funds, such as grants, are covered by the Rehabilitation Act as well.

For employees of companies who contract with the United States government, the Rehabilitation Act goes a step further than the ADA, and requires that employers implement an affirmative action program for the hiring and advancement of "qualified individuals with handicaps." The company that I filed my complaint against did fall into this category. This helped my case, since it is much easier to "prove" a lack of affirmative action than it is to prove discriminatory behavior.

What ADA Stands for in Law

The ADA stands for the Americans with Disabilities Act, a landmark civil rights law enacted in 1990 to eliminate discrimination against individuals with disabilities

1

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. The ADA guarantees equal opportunities in employment, access to public spaces, government services, transportation, and telecommunications.

Under the law, a person is considered to have a disability if they have a physical or mental impairment that substantially limits one or more major life activities, have a record of such an impairment, or are regarded as having such an impairment.

The ADA’s framework is divided into five major titles:

  1. Title I – Employment: Prohibits workplace discrimination and requires reasonable accommodations.
  2. Title II – Public Services: Ensures equal access to government programs and services.
  3. Title III – Public Accommodations: Requires businesses open to the public to be accessible (e.g., stores, hotels, restaurants).
  4. Title IV – Telecommunications: Mandates accessible telecommunications for people with hearing or speech disabilities.
  5. Title V – Miscellaneous Provisions: Covers enforcement, retaliation protections, and relationships to other laws.

These sections work together to guarantee that individuals with disabilities have the same legal protections and opportunities as anyone else in society.

Understand Your Rights and Legal Protections

The Americans with Disabilities Act (ADA) prohibits discrimination in various aspects of employment, public services, and businesses. In addition to the ADA, other laws, such as the Rehabilitation Act (which applies to federal agencies and contractors), provide additional protections. Understanding which law applies to your situation is crucial.

Before filing a complaint, determine whether your case falls under:

  • Title I (Employment): Covers private employers (with 15+ employees), state and local governments, and labor unions. The EEOC enforces these provisions.
  • Title II (Public Services): Protects individuals from discrimination by state and local government entities. Complaints go to the DOJ.
  • Title III (Public Accommodations): Ensures equal access to places like restaurants, hotels, and stores. The DOJ also oversees these cases.

Each category has different complaint procedures and timelines, so researching the right process helps strengthen your case.

ADA Compliance and Accessibility Standards

Beyond protecting against discrimination, the ADA also requires organizations and public entities to maintain accessibility standards in physical and digital environments. This includes ensuring:

  • Wheelchair-accessible entrances, restrooms, and parking spaces.
  • Accessible communication aids for individuals with hearing or vision impairments.
  • Reasonable accommodations in workplaces and educational settings.
  • Compliance with ADA Accessibility Guidelines (ADAAG) for building design and remodeling.
  • Digital accessibility in websites and technology to remove barriers for online users.

Businesses and employers are expected to stay updated on these requirements. Noncompliance can lead to complaints, fines, or lawsuits under federal law.

Prepare, Prepare, Prepare

The more preparation you've done before filing your complaint, the better off you'll be. What do I mean by preparation? Basically, I mean document anything that is the least bit pertinent to your case, and keep this documentation well- organized and in a safe place. In case you're wondering, your desk at work is not a safe place.

Let's say, for instance, that a co-worker in your department has just been promoted to a job for which you're much more qualified. You might want to write your boss a memo, saying that you'd like to discuss the matter and asking him or her to set aside some time for this meeting in the next week. SAVE A COPY of this memo. When you do meet with your supervisor, state your concerns in a calm, business-like manner. Take notes of what is said, and SAVE THE NOTES. If your boss suggests that the conversation take place "off the record," politely refuse. After the meeting, draft a memo to your boss stating your understanding of the discussion and asking him or her to correct any misconceptions in writing. SAVE A COPY of this memo. (Is a pattern beginning to emerge here?) Keep all of your memos and discussions concise, polite and free of emotion, bearing in mind that being polite does not require you to agree with things you actually don't agree with.

Gather Evidence and Documentation

A well-documented complaint increases the likelihood of a successful resolution. Essential documents include:

  • Incident Logs: Dates, times, and details of discriminatory actions.
  • Emails, Texts, and Memos: Any written communication related to discrimination or accommodations requested.
  • Performance Reviews: If job performance is questioned as part of the complaint, maintain records showing past evaluations.
  • Witness Statements: Co-workers or others who observed the discrimination can provide testimonies.

Before submitting, ensure your complaint includes specific details, a timeline of events, and supporting documents to help investigators assess the case.

Start the Process Inside Your Company

Most companies have a Human Resources department that is responsible for handling complaints of discrimination. If you have been discriminated against, this is the logical place to start. Put your complaint in writing (keeping a copy, of course), send it to the Human Resources department and suggest a meeting. Provide the person assigned to your case with all pertinent information, but be sure to keep copies of everything for yourself as well. Similar to the method stated above for dealing with your boss, try to document everything that transpires between you and the person investigating your complaint.

How much time should you allow the company to investigate and resolve your complaint before going further? Under the ADA, you've got six months from the time of an incident to file a complaint with the EEOC. The Rehabilitation Act does not have a similar restriction, but it makes sense to not wait longer than six months before reporting something.

When Internal Reporting Fails: Escalating the Complaint

If the company does not address your complaint satisfactorily, escalate the issue. The ADA requires that complaints be filed within 180 days of the violation (though this may be extended to 300 days in some cases if a state law also applies).

  • Human Resources Review: If HR dismisses or delays your case, keep records of their responses.
  • Alternative Dispute Resolution (ADR): Many organizations offer mediation before escalating to legal action.
  • Legal Consultation: If retaliation occurs, or internal complaints do not yield results, speaking with an attorney is advisable.

UpCounsel connects individuals with experienced ADA attorneys who can guide them through the next steps.

Understanding the ADA Complaint Process

When filing an ADA complaint, the process differs based on the nature of the violation:

  • Employment complaints (Title I) go to the Equal Employment Opportunity Commission (EEOC).
  • Public accommodation or government service complaints (Titles II & III) go to the U.S. Department of Justice (DOJ).

Each agency reviews whether the complaint falls within ADA jurisdiction and may investigate, offer mediation, or dismiss the complaint if insufficient evidence is provided. If a violation is found, the agency may require corrective actions such as policy changes, reinstatement, or monetary relief.

The ADA complaint form typically requires:

  • A description of the discrimination incident.
  • The name and address of the organization or person responsible.
  • Dates and supporting documentation.

Filing promptly is essential—most employment-related ADA complaints must be submitted within 180 days, extendable to 300 days in some cases.

File a Complaint With the Proper Agency

If you are filing a complaint of violation of the ADA, send it in writing to the EEOC. Complaints of violation of the Rehabilitation Act should be sent to the U.S. Department of Labor. Your state and local government may also have anti-discrimination legislation. Check into it.

How to File Your ADA Complaint

Depending on the situation, different agencies handle ADA complaints:

  • Employment Discrimination: File with the Equal Employment Opportunity Commission (EEOC)
    • How: Online at www.eeoc.gov
    • Time Limit: 180 or 300 days depending on jurisdiction
    • Process: EEOC may investigate, offer mediation, or file a lawsuit on behalf of the complainant.
  • Public Services (Government Entities): File with the U.S. Department of Justice (DOJ)
    • How: Online at www.ada.gov or by mail/fax.
    • Time Limit: No strict deadline, but filing promptly is advised.
  • Public Accommodations (Businesses, Restaurants, etc.): File with the DOJ or state agency.

State and local agencies may have additional complaint procedures, so checking their websites is beneficial.

Be Patient

The truth is, it takes a long time for a complaint to be resolved, often as much as eighteen months. It's an uncomfortable time, one when you'll ask yourself over and over why you ever started this whole thing. Hang in there, and try to remain positive. Make use of friends (outside of work) and relatives as a support group.

What Happens After You File an ADA Complaint?

After filing a complaint, here’s what to expect:

  1. Acknowledgment: The agency will confirm receipt of your complaint.
  2. Investigation Phase: The EEOC or DOJ may request more details and interview witnesses.
  3. Mediation or Settlement: In some cases, the agency will offer mediation to resolve the dispute before formal proceedings.
  4. Legal Action: If the case has strong evidence, the agency may take legal action, or they may issue a Right to Sue letter allowing you to file a lawsuit.
  5. Resolution: Resolutions vary and may include reinstatement, policy changes, financial compensation, or mandatory employer training.

The process can take months or even years, depending on the complexity of the case.

Possible Outcomes and Enforcement Actions

Once the investigation concludes, there are several possible outcomes:

  • Voluntary Resolution: The organization agrees to make changes or provide compensation.
  • Mediation or Settlement: The EEOC or DOJ facilitates a mutual agreement.
  • Right to Sue Letter: If no resolution occurs, the complainant may pursue a lawsuit in federal court.
  • Compliance Monitoring: The DOJ or EEOC may monitor future actions to ensure continued adherence to ADA standards.

In some cases, organizations that repeatedly fail to comply may face civil penalties or loss of government contracts.

Be Gracious in Victory or Defeat

When your complaint is resolved, you will emerge either as the victor or the vanquished. In either event, maintain your self-control. If the case is lost, consider your options but do not act rashly. If the case is won, don't gloat. Once the battle is over, you will see that what you were involved in was really no battle at all, but rather an attempt to achieve fairness and to maintain your dignity as an individual in the workplace.

ADDRESSES

U.S. Equal Employment Opportunity Commission

1801 L Street, NW

Washington, DC 20507

U.S. Department of Justice

Civil Rights Division

P.O. Box 66738

Washington, DC 20035

U.S. Department of Labor

Office of Federal Contract Compliance Programs

200 Constitution Avenue, NW

Washington, DC 20210

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1995 Daniel J. McAdam

Protecting Yourself From Retaliation

Filing a complaint is a protected right. Employers cannot legally retaliate by firing, demoting, harassing, or otherwise penalizing employees who file ADA complaints. If retaliation occurs:

  • Document incidents and dates.
  • File an additional complaint specifically about retaliation with the EEOC.
  • Seek legal counsel if necessary.

Retaliation claims are taken seriously and can lead to additional penalties for the employer.

Additional ADA Resources and Support

If you need more information about your rights under the ADA, the following resources can help:

  • ADA National Network – Offers regional support centers and technical guidance on ADA compliance.
  • U.S. Department of Justice ADA Information Line: 1-800-514-0301 (voice) or 1-833-610-1264 (TTY).
  • U.S. Equal Employment Opportunity Commission (EEOC): Handles ADA employment discrimination complaints.
  • State Protection Agencies: Many states have their own human rights or disability commissions that provide additional legal recourse.

If you’re unsure where your case fits or need guidance on filing an ADA complaint, you can connect with a qualified ADA attorney through UpCounsel, where experienced legal professionals assist with compliance, documentation, and representation.

Frequently Asked Questions

  1. What does ADA stand for in law?
    ADA stands for the Americans with Disabilities Act, a federal law that protects individuals with disabilities from discrimination in various areas of life.
  2. Who enforces the ADA?
    The EEOC enforces employment-related provisions (Title I), while the DOJ enforces Titles II and III related to public services and accommodations.
  3. What is considered an ADA violation?
    Failure to provide reasonable accommodations, denying access to public services, or maintaining inaccessible facilities are common violations.
  4. How long does an ADA investigation take?
    Investigations vary in length, often taking several months to over a year depending on case complexity and agency workload.
  5. What should I do if my employer retaliates against me for filing a complaint?
    File a separate retaliation complaint with the EEOC. Retaliation is a distinct violation under both the ADA and federal anti-discrimination laws.

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