Filing an ADA Employment Complaint: Writing Guide

Summary
This guide will help clearly and effectively explain the situation when submitting an ADA complaint to the U.S. Equal Employment Opportunity Commission (EEOC).

Filing an employment complaint under Title I of the Americans with Disabilities Act (ADA) can feel very overwhelming. This guide is written in plain language to help workers clearly and effectively explain their situation when submitting a complaint to the U.S. Equal Employment Opportunity Commission (EEOC). It is important to be aware that there are time limits for filing a charge, which are generally 180 calendar days from the date of the alleged discrimination and may be extended to 300 days in some states. 

What Does Title I Cover?

Title I of the ADA protects people with disabilities from discrimination in employment. It applies to employers with 15 or more employees and to state and local government employers of any size. Federal employees are protected under the Rehabilitation Act, rather than the ADA Title I and must follow a different process. Employees are protected if they can do the essential parts of their job with or without reasonable accommodation.

Examples of discrimination may include:

  • Denial of a job or promotion because of a disability
  • Failure to provide reasonable accommodation
  • Punishment, harassment, or termination after disclosing your disability 

How to Write a Definitive Complaint 

When you file a complaint, the EEOC needs to quickly understand what happened, when it happened, and how it connects to your disability and your work. These tips help you tell your story in a way that is clear, complete, and easy for an investigator to follow.

Be specific about what happened. Provide concise, direct details: dates, actions, and the individuals involved.

  • Tip: List events in the order they happened.
  • Example: “On June 3rd, I asked my supervisor, Maria Smith, for a schedule change. She said no and told me, ‘We do not make exceptions for medical issues.”

Connect the problem to your disability. Explain how your disability impacts your work and why you need support.

  • Tip: You don’t need to share full medical details, just how it impacts your job tasks.
  • Example: “Because my disability makes it difficult to stand for long periods, I need a stool to complete my job tasks safely and effectively.”

Use clear ADA terms when they fit your situation. Using the right words helps the investigator understand the type of issue. (Find “Common ADA Terms & How to Use Them” in the section below.)

  • Tip: Only use terms that truly apply to your experience.
  • Example: “I requested a reasonable accommodation of a sit-stand workstation to help me perform my essential job functions. My employer did not participate in the interactive process and denied the request without discussion.”

Describe what you asked for and how the employer responded. This part shows whether the employer followed the ADA’s rules to work with you.

  • Tip: If you tried more than once, say so.
  • Example: “I asked for a flexible schedule three times between April and July. Each time, my request was ignored.”

Stick to facts, not emotions. You can describe what happened without explaining how angry, hurt, or stressed you felt.

  • Tip: Imagine you are writing a timeline for someone who was not there.
  • Example: “I was moved to a lower-paying position two weeks after asking for an accommodation. This resulted in emotional distress and missed payments of bills.”
    Not: “I felt disrespected and as if no one cared.”

Show the before-and-after. Explain what changed after you asked for accommodation or shared your disability status.

  • Tip: This helps show retaliation or unequal treatment.
  • Example: “Before my request, I worked full-time. Two weeks later, my hours were cut in half.”

Mention if you have any written proof (if available). It helps to mention emails, texts, HR messages, performance reviews, or doctors’ notes that support the complaint.

  • Tip: It is not necessary to attach every document when submitting the complaint at first. Supporting documents can be added to the EEOC Public Portal after a charge is filed, typically when the EEOC requests additional information or during the investigation process.
  • Example: “I have emails showing that I requested an accommodation on May 6 and June 1, and I can provide them when the EEOC requests documentation.”

Explain how the situation impacted your job. The EEOC needs to know the impact on your work.

  • Tip: Focus on work consequences like hours, duties, pay, or performance evaluations.
  • Example: “Because my request was denied, I could not complete tasks that involved standing.”

Keep your story short and organized. You don’t need to write a long essay. A clear one-page summary is enough.

  •  Short paragraphs or numbered statements can help keep information clear.

Avoid guessing or assuming motives. Stick to what happened, not what you think your employer was thinking.

  • Tip: Write what you saw or heard, not what you believe they felt.
  • Example: “My supervisor said my disability was ‘too much trouble,’”
    Not: “My supervisor hates people with disabilities.”

If you tried to solve the issue first, include that information. The EEOC likes to see whether you tried talking with HR or your supervisor.

  • Tip: Briefly note any steps you took.
  • Example: “I spoke with HR on March 10 and March 24, but I did not receive a response.”

Clearly state the outcome you are seeking. This helps the investigator understand your goals.

  • Tip: Keep it simple.
  • Example: “I would like my accommodation request reviewed and my hours restored.”

Common ADA Terms & How to Use Them

Disability

  • A disability is a physical or mental impairment that substantially limits one or more major life activities, such as walking, lifting, concentrating, or working.
  • Tip: A clear complaint briefly describes the impairment and how it affects specific work tasks.
  • Example: “I have a chronic back condition that limits my ability to sit or stand in one position for long periods.”

Qualified Individual

  • A qualified individual is someone who meets the job requirements and can perform the essential functions of the position with or without reasonable accommodation.
  • Tip: Strong statements emphasize the ability to perform the job successfully when the accommodation needed is provided.
  • Example: “I meet all job requirements and can perform my essential duties effectively with a sit-stand workstation.”

Essential Job Functions

  • Essential job functions are the fundamental duties of a job that must be performed.
  • Tip: Showing that the accommodation does not interfere with performing essential tasks strengthens the complaint.
  • Example: “I can perform all essential job functions when I am able to change posture using a sit-stand workstation.”

Major Life Activities

  • Major life activities are everyday tasks such as walking, bending, lifting, communicating, or working.
  • Tip: Identify which major life activity is affected to demonstrate the connection between the condition and the work issue.
  • Example: “My condition affects major life activities, including bending and lifting.”

Substantial Limitation

  • A substantial limitation is a significant restriction in performing a major life activity.
  • Tip: Describing how the limitation impacts work on an ongoing basis creates a clearer picture for investigators.
  • Example: “My back impairment substantially limits my ability to sit or stand for extended periods without pain.”

Reasonable Accommodation

  • A reasonable accommodation is a change to the job, workplace, or the way work is done that enables a qualified individual with a disability to perform essential duties.
  • Tip: A strong complaint clearly states what was requested, why it helps, and how the employer responded.
  • Example: “I requested a sit-stand workstation to reduce pain and maintain productivity, but my employer denied this accommodation.”

Interactive Process

  • The interactive process is the required back-and-forth discussion between an employer and employee to find effective accommodation.
  • Tip: Noting delays, refusals, or a breakdown in communication helps document a failure to follow ADA requirements.
  • Example: “After submitting my request, my employer did not follow up or engage in the interactive process to discuss options.”

Retaliation

  • Retaliation occurs when an employer punishes an employee for asserting ADA rights or requesting accommodation.
  • Tip: Retaliation is easier to show when the negative action occurs soon after the request.
  • Example: “Shortly after requesting my accommodation, my work hours were reduced.”

Disparate Treatment

  • Disparate treatment means being treated worse than coworkers because of disability.
  • Tip: Comparisons with how others were treated help illustrate unequal treatment.
  • Example: “Other employees were allowed workstation adjustments, but I was denied similar support.”

Medical Information Confidentiality

  • Medical information confidentiality requires employers to keep medical details private and separate from regular personnel files.
  • Tip: If medical details were shared improperly, including that fact strengthens the complaint.
  • Example: “My supervisor disclosed my medical condition to coworkers without my permission.”

Sample Complaints

Denied Accommodation with No Interactive Process

“I have a chronic back impairment that substantially limits the major life activities of sitting, standing, and lifting. I am a qualified individual who can perform all essential job functions with reasonable accommodation. I requested a sit-stand workstation so I could change positions throughout the day and manage my pain while working. My employer denied the accommodation and did not discuss any other options or participate in the interactive process. I followed up twice, once on 05/22 and again on 06/15, but no meeting was offered. Because the request was denied, I experienced increased pain and difficulty completing tasks. I believe these actions violate the ADA.”

Retaliation After Requesting an Accommodation

“I have an anxiety disorder that substantially limits major life activities such as concentrating and communicating during high-stress situations. I requested reasonable accommodation in the form of a modified schedule and brief breaks to manage my anxiety symptoms. I can perform all essential duties with this type of support. After making the request, my supervisor became frustrated, and two weeks later, my work hours were reduced, and I was removed from all team assignments I had previously led. No reason was given. My employer did not participate in the interactive process or respond to my request. I believe I experienced retaliation from my supervisor for asking for accommodation, which violates the ADA." 

Disparate Treatment and Confidentiality Violation

“I was diagnosed with diabetes, which limits some major life activities like what I eat and my endocrine functioning. To safely perform my essential job functions, I requested a reasonable accommodation allowing quick access to snacks and breaks to check my blood sugar levels. I can do my job effectively when I manage my medical needs. My request was denied, even though my coworkers without disabilities were allowed flexible break arrangements. After I made my request, my supervisor told coworkers about my medical condition without my permission. These actions show disparate treatment and a failure to maintain medical confidentiality. I believe both actions violate the ADA." 

What Happens After You File?

  1. The EEOC reviews your complaint (called a “charge of discrimination”).
    After a charge is filed, the EEOC will review the information to decide the next steps.
  2. The employer is notified of the charge. The EEOC generally sends a notice of the charge to the employer within about 10 days of filing. This means the process is not anonymous, and the employer will usually know who filed the complaint. Important note: Retaliation for filing a complaint or participating in the EEOC process is illegal under the ADA.
  3. The EEOC may contact you for more information or offer mediation. The EEOC may ask follow-up questions, request documents, schedule an interview, or offer voluntary mediation between the employee and employer.
  4. The EEOC decides whether to investigate further. If the EEOC chooses to investigate, it may gather information from both sides and review evidence. In some cases, the EEOC may decide not to investigate the charge further.
  5. If the EEOC decides not to pursue the case on its own, it may issue a right-to-sue letter. This letter gives the employee permission to file a lawsuit in court. Receiving a right-to-sue letter means the EEOC’s involvement has ended. At this point, the employee may choose to consult with or hire an attorney to decide whether to file a lawsuit.
  6. Keep copies of all records related to your case. It is important to keep copies of emails, forms, documents, and notes related to the complaint and any communication with the EEOC.

Quick Checklist Before Submitting

  • Clearly describe what happened and when.
  • Use ADA terms when they fit into the situation, like “reasonable accommodation” and “disability discrimination.” Using these terms can be helpful, but a complaint does not need to use legal language to be accepted.
  • Ensure the complaint clearly shows the connection between the disability, how it impacts work, and the action that the employer took.
  • Mention any supporting documents if they exist. It is not required to submit documents when first filing a complaint. Documents are often requested later during the process. 
  • Keep the tone factual and professional.