How to File an ADA Complaint Against a Business in the United States

The Americans with Disabilities Act (ADA) of 1990, specifically Title III, 42 U.S.C. § 12181, prohibits businesses from discriminating against individuals with disabilities. This law affects all businesses that provide public accommodations, including restaurants, stores, and hotels.

The ADA complaint process is eligible for individuals who have been discriminated against within the past 180 days, as per 28 C.F.R. § 35.170.

governing law and legal standard

The ADA complaint process is governed by the legal standard of “reasonable accommodation,” as outlined in 42 U.S.C. § 12182. This standard requires businesses to make modifications to their policies and procedures to ensure equal access for individuals with disabilities. The court uses the “undue burden” test, as established in 28 C.F.R. § 36.301, to determine whether a requested accommodation is reasonable.

In practice, this means that businesses must provide auxiliary aids and services, such as sign language interpreters or Braille materials, unless doing so would cause an undue burden, as defined in 28 C.F.R. § 36.303. The statute sets a high threshold for what constitutes an undue burden, requiring a business to demonstrate that the accommodation would cause a significant financial or administrative burden, with a cost exceeding $10,000, as per 28 C.F.R. § 36.304.

eligibility and requirements

To be eligible to file an ADA complaint, an individual must have a disability, as defined in 42 U.S.C. § 12102, and must have been discriminated against by a business within the past 180 days, as per 28 C.F.R. § 35.170. The individual must also have attempted to resolve the issue with the business before filing a complaint, as required by 28 C.F.R. § 35.172. There is no residency requirement, but the individual must have been affected by the business’s actions within the United States, as per 42 U.S.C. § 12181.

The ADA complaint process has a waiting period of 30 days, during which the business must respond to the complaint, as per 28 C.F.R. § 35.173. If the business fails to respond or resolve the issue, the individual can proceed with filing a complaint, which must be done within 180 days of the alleged discrimination, as per 28 C.F.R. § 35.170.

required documents

To file an ADA complaint, an individual must provide documentation of the alleged discrimination, including dates, times, and details of the incident, as required by 28 C.F.R. § 35.174. The individual must also provide proof of their disability, such as a doctor’s note or medical records, as per 42 U.S.C. § 12102. Additionally, the individual must provide documentation of any attempts to resolve the issue with the business, such as letters or emails, as required by 28 C.F.R. § 35.172.

In plain terms, the required documents include:
* A written description of the alleged discrimination
* Proof of disability, such as a doctor’s note or medical records
* Documentation of attempts to resolve the issue with the business, such as letters or emails
These documents can be obtained from the individual’s medical provider or by keeping a record of correspondence with the business, and must be submitted within 30 days of filing the complaint, as per 28 C.F.R. § 35.175.

the filing process

step 1: filing a complaint

To file an ADA complaint, an individual must submit a written complaint to the Department of Justice, as required by 28 C.F.R. § 35.170. The complaint must include the required documents, as outlined in 28 C.F.R. § 35.174, and must be filed within 180 days of the alleged discrimination, as per 28 C.F.R. § 35.170. The filing fee is $0, as per 28 C.F.R. § 35.176.

The complaint can be filed online or by mail, and must be submitted to the Department of Justice, Civil Rights Division, as per 28 C.F.R. § 35.177. The individual will receive a confirmation of receipt within 10 days, as per 28 C.F.R. § 35.178, and the business will be notified of the complaint within 30 days, as per 28 C.F.R. § 35.179.

step 2: investigation

After the complaint is filed, the Department of Justice will conduct an investigation, as required by 28 C.F.R. § 35.180. The investigation will include a review of the complaint and the required documents, as outlined in 28 C.F.R. § 35.174, and may include interviews with the individual and the business, as per 28 C.F.R. § 35.181. The investigation must be completed within 180 days, as per 28 C.F.R. § 35.182.

This is where the law gets teeth, as the Department of Justice has the authority to subpoena documents and witnesses, as per 28 C.F.R. § 35.183, and can impose penalties on the business if it is found to be in violation of the ADA, with fines ranging from $55,000 to $110,000, as per 28 C.F.R. § 35.184.

step 3: resolution

After the investigation is complete, the Department of Justice will attempt to resolve the complaint through mediation or a settlement agreement, as per 28 C.F.R. § 35.185. The individual and the business will be notified of the proposed resolution, and must agree to the terms, as required by 28 C.F.R. § 35.186. If the parties cannot agree, the complaint will be referred to a court for resolution, as per 28 C.F.R. § 35.187.

In plain terms, the resolution process involves negotiating a settlement or mediation, which can include monetary damages, as per 42 U.S.C. § 12188, and injunctive relief, such as changes to the business’s policies or procedures, as per 42 U.S.C. § 12189. The individual can receive up to $50,000 in damages, as per 42 U.S.C. § 12188, and the business must comply with the terms of the settlement or face further penalties, with a deadline of 60 days, as per 28 C.F.R. § 35.188.

costs and timeline

The cost of filing an ADA complaint is $0, as per 28 C.F.R. § 35.176, but the individual may need to hire an attorney to represent them in the complaint process, which can cost between $500 and $5,000, as per the American Bar Association’s fee schedule. The timeline for the complaint process can take up to 180 days, as per 28 C.F.R. § 35.170, but can be longer if the complaint is referred to a court for resolution, which can take up to 12 months, as per the Federal Rules of Civil Procedure.

The Department of Justice has a timeline of 30 days to respond to the complaint, as per 28 C.F.R. § 35.179, and 180 days to complete the investigation, as per 28 C.F.R. § 35.182. The individual can expect to receive a decision on their complaint within 6-12 months, as per the Department of Justice’s complaint process timeline, and can appeal the decision within 30 days, as per 28 C.F.R. § 35.189.

state-by-state differences

While the ADA complaint process is federal, some states have their own laws and regulations that provide additional protections for individuals with disabilities, such as California’s Unruh Civil Rights Act, which provides for damages of up to $25,000, as per Cal. Civ. Code § 51. The state of New York has a similar law, which provides for damages of up to $100,000, as per N.Y. Exec. Law § 296. The state of Texas has a shorter timeline for filing a complaint, with a deadline of 120 days, as per Tex. Hum. Res. Code § 121.002.

In practice, this means that individuals in these states may have additional options for filing a complaint, such as filing with the state’s human rights commission, and may be eligible for higher damages, with a range of $25,000 to $100,000, as per the respective state laws. For example, in California, the individual can file a complaint with the California Department of Fair Employment and Housing, which has a filing fee of $50, as per Cal. Code Regs., tit. 2, § 10005, and a deadline of 180 days, as per Cal. Code Regs., tit. 2, § 10006.

what can go wrong

Common mistakes that can occur during the ADA complaint process include failing to provide required documents, such as proof of disability, as per 42 U.S.C. § 12102, or missing the deadline for filing a complaint, which is 180 days, as per 28 C.F.R. § 35.170. The individual may also fail to respond to requests for information or fail to cooperate with the investigation, which can result in the complaint being dismissed, as per 28 C.F.R. § 35.190.

That distinction matters, as the individual may be able to refile the complaint if it is dismissed, but may be barred from filing a subsequent complaint if the court determines that the individual has engaged in a pattern of frivolous or harassing complaints, as per 28 U.S.C. § 1915. The individual can face penalties, including fines ranging from $1,000 to $5,000, as per 28 U.S.C. § 1927, and can be required to pay the business’s attorney’s fees, which can range from $5,000 to $50,000, as per 42 U.S.C. § 12188.

The ADA complaint process is currently undergoing changes, with the Department of Justice issuing new regulations in 2020, which took effect on January 1, 2021, as per 85 Fed. Reg. 56424. The new regulations provide for increased protections for individuals with disabilities, including the requirement that businesses provide auxiliary aids and services, such as sign language interpreters or Braille materials, unless doing so would cause an undue burden, as defined in 28 C.F.R. § 36.303, with a cost exceeding $10,000, as per 28 C.F.R. § 36.304. The regulations also provide for increased penalties for businesses that fail to comply with the ADA, with fines ranging from $55,000 to $110,000, as per 28 C.F.R. § 35.184.