Filing Charges of Employment Discrimination Under the ADA

An individual who feels he or she was discriminated against by a private employer or an employer which is an agency of state or local government because of a disability may file a charge with the Equal Employment Opportunity Commission (EEOC) alleging a violation of the Americans with Disabilities Act (ADA). (Different procedures apply for employment discrimination complaints filed against agencies of the federal government. A fact sheet on that topic is available as well.) Charges of discrimination generally must be filed with the agency within 180 days of the alleged discriminatory act. This 180-day filing deadline is extended to 300 days if the alleged discriminatory act also is covered by a state or local anti-discrimination law. To find out whether there is such a state or local law, you should contact the EEOC office covering your region or the state or local fair employment practices agency.

The EEOC will investigate the charges and, if it finds reasonable cause to believe discrimination has occurred, will attempt to resolve the discrimination through conciliation. Conciliation involves negotiations with both parties to reach an agreement. If conciliation is unsuccessful, the EEOC or the Attorney General may bring a lawsuit on behalf of the injured party.

An individual may file a private lawsuit against the employer after she or he has filed a complaint with the EEOC or a state fair employment practices agency and has received a "right-to-sue" letter. The EEOC may issue such a letter 180 days after a charge is filed with them, or sooner if it is probable that the administrative review will take longer than 180 days. After receiving a right-to-sue letter the individual has 90 days to file a lawsuit.

For more information on how to file a charge with the EEOC or a state anti-discrimination agency, see the EEOC's fact sheets on the subject, on its website at http://www.eeoc.gov/charge/overview_charge_filing.html and http://www.eeoc.gov/charge/overview_charge_processing.html.

While you are not required to have an attorney to file a complaint, you may wish to consult a local attorney to learn how the law applies in your particular situation and for advice on how to proceed.

For information on obtaining a referral to an attorney in your area that may be able to provide specific advice or representation, please visit the website for the Jeanne A. Carpenter Epilepsy Legal Defense Fund, at http://www.epilepsylegal.org, or call our Information and Referral Service toll free at (800) EFA-1000 ((800) 332-1000). For general legal information about this and other employment discrimination issues, such as reasonable accommodations, and the definition of disability, please visit our website at /answerplace/Legal, or call our Information and Referral Service. Alternatively, you may contact the EEOC at (800) 669-4000 (voice) or (800) 669-6820 (TDD), or visit the agency's website, http://www.eeoc.gov. See in particular the EEOC's Questions and Answers about Epilepsy in the Workplace, available at http://www.eeoc.gov/facts/epilepsy.html.

Updated: July 2005