How to File a Disability Employment Complaint

Employment is one of the central pillars of independence, economic security, and participation in society. The Americans with Disabilities Act (ADA), specifically Title I, protects individuals with disabilities from discrimination in employment and requires employers to provide reasonable accommodations that enable qualified individuals to perform the essential functions of their jobs. These protections apply to employers with 15 or more employees and are enforced primarily by the Equal Employment Opportunity Commission (EEOC).

Disability discrimination in employment remains common. This is not always the result of overt bias. More often, it arises from misunderstandings of legal obligations, failure to engage in required processes, or systemic practices that do not adequately account for disability-related needs. Understanding how to identify violations and navigate the enforcement process is therefore essential to protecting one’s rights. This section reviews five of the most common areas where questions arise: (1) unequal treatment in hiring and promotion (called disparate treatment), (2) limits on medical questions and exams, (3) reasonable accommodations and the interactive process, (4) best practices for requesting accommodations and raising complaints, and (5) the process for filing a complaint with the EEOC.

This overview is meant to explain general legal principles and does not apply to any specific case or set of facts .

Key Legal Concepts and Definitions

Before reviewing the law, it is helpful to understand several important terms:

• Qualified Individual: A person who meets the job requirements and can perform the essential duties of the job, with or without reasonable accommodation.
• Essential Functions: The main duties of a job—not minor or optional tasks.
• Reasonable Accommodation: A change to the workplace or job duties that allows a person with a disability to perform their job.
• Undue Hardship: A significant difficulty or expense for the employer that would make an accommodation unreasonable.
• Interactive Process: A required, good-faith discussion between employer and employee to identify an appropriate accommodation.
• Disparate Treatment: When an employer treats someone less favorably because of their disability.
• Disparate Impact: When a neutral policy has a negative effect on people with disabilities, even if it was not intended to discriminate.

Disparate Treatment in Hiring and Promotion

Title I of the ADA makes it illegal for employers to treat qualified individuals with disabilities less favorably in hiring, firing, or promotion decisions. This type of discrimination is called disparate treatment. It occurs when an employer takes an adverse action—such as refusing to hire or promote someone—because of that person’s disability.

To prove disparate treatment, an individual must generally show three things: (1) they are qualified for the job, (2) they experienced a negative employment action, and (3) the action was taken because of their disability. The law does not require direct evidence of bias; discrimination can also be proven through circumstantial evidence, such as inconsistent explanations or patterns of behavior.

Under this legal framework, a person bringing a discrimination claim must first show the basic elements of their case. This is often called a prima facie case, meaning enough initial evidence to suggest that discrimination may have occurred. Once that showing is made, the employer must then provide a legitimate, non-discriminatory reason for the action it took, such as a hiring or promotion decision.

If the employer gives such a reason, the burden shifts back to the person bringing the claim to show that the explanation is not the true reason, but instead a pretext, which is a false or misleading justification used to hide discrimination. It is not enough to simply show that the person was more qualified than the individual who was selected. Being more qualified alone does not prove discrimination.

To succeed, the individual must present actual evidence that their disability played a role in the employer’s decision. This means showing more than just the fact that they were qualified and not selected while someone else was, or that the decision maker just did not like the employee. Instead, there must be facts or circumstances suggesting that the decision was based on disability. This could include statements by decision-makers showing bias, patterns of treating individuals with disabilities less favorably, or evidence that similarly situated employees without disabilities were treated better.

Medical Questions and Examinations (Before and After Employment)

The ADA places strict limits on when employers can ask about disabilities or require medical examinations.

Before a job offer, employers are not allowed to ask questions about a person’s disability or require medical exams. They may only ask whether the applicant can perform the essential functions of the job.

After a job offer is made, employers may require medical exams or ask disability-related questions, but only if they do so for all applicants in the same job category. This ensures that individuals are not singled out because of a disability.

During employment, employers may only ask medical questions or require exams if they are job-related and consistent with business necessity. For example, an employer may request medical information if there is a safety concern or if an employee requests an accommodation.

REASONABLE ACCOMMODATIONS AND THE INTERACTIVE PROCESS

The ADA requires employers to provide reasonable accommodations to qualified employees with disabilities, unless doing so would cause an undue hardship or fundamentally alter the nature of the business.  A reasonable accommodation is a change at work that helps an employee with a disability do their job. The employee must inform the employer of the need for an accommodation, and the employer must respond in good faith.  However, employers do not have to make changes that would fundamentally alter their business or cause an undue burden.

Analysis

What is a Reasonable Accommodation?

A reasonable accommodation is a change or adjustment to a job or work environment that allows an employee with a disability to perform the essential functions of their job.  Examples include making facilities accessible, modifying equipment, changing work schedules, or reassigning the employee to a vacant position. The goal is to help the employee do their job, not to remove essential job duties or lower performance standards.

The Process for Requesting a Reasonable Accommodation

If you need a reasonable accommodation, you must let your employer know. You do not have to use any special words or put your request in writing, but you must make it clear that you need help because of a medical condition or disability. Once you make your request, your employer is required to respond and work with you to find a solution.

The Importance of Company Procedures

Many employers have specific procedures for requesting accommodations, such as filling out a form or contacting a human resources representative. It is important to follow these procedures so your request is handled properly and there is a record of your request. If you are unsure about the process, ask your supervisor or human resources department for guidance.

What is the Interactive Process?

The interactive process is a conversation between you and your employer to figure out what accommodation will work best. Both you and your employer must participate in good faith, meaning you both need to communicate openly and honestly. The process is flexible and may involve discussing your limitations, possible accommodations, and trying out solutions to see what works. If either side does not participate or causes delays, they may be responsible if the process breaks down.

What is a Fundamental Alteration or Undue Burden?

An employer does not have to provide an accommodation if it would fundamentally change the nature of the business or if it would be too difficult or expensive. This is called a “fundamental alteration” or “undue burden.” For example, if an accommodation would require the employer to remove essential job duties or spend an unreasonable amount of money, the employer may not have to provide it. The law looks at the size and resources of the business when deciding what is reasonable.

Process for Making a Complaint

If an employee believes their rights under the ADA have been violated, the first step is usually to follow the employer’s internal complaint procedures, such as reporting the issue to human resources. This allows the employer an opportunity to address the problem.

If the issue is not resolved, the employee can file a Charge of Discrimination with the EEOC. You must file your charge within a strict deadline—usually within 180 days of the violation, or up to 300 days in states with local fair employment agencies. Missing this deadline will cause you to lose your right to pursue your claim, so it is essential to act quickly.

The EEOC will review the complaint, may investigate the claim, and may attempt to resolve the dispute through mediation or settlement. If the EEOC makes a finding of cause to believe that there is discrimination, either the EEOC may, or private counsel may file a lawsuit.  If the EEOC does not find sufficient evidence for a cause finding, then you may still file a lawsuit with private counsel and obtain or clarify evidence during the litigation.

EEOC Public Portal
https://publicportal.eeoc.gov
This portal allows individuals to initiate the intake process, schedule interviews, and submit formal charges.

KEY AUTHORITATIVE RESOURCES

Equal Employment Opportunity Commission (EEOC)
https://www.eeoc.gov
The EEOC is the primary enforcement agency for employment discrimination laws, including the ADA. Its website provides regulations, guidance documents, and detailed explanations of legal standards. It is widely relied upon by courts, attorneys, and employers.

EEOC Public Portal (Charge Filing System)
https://publicportal.eeoc.gov
This is the official system for initiating discrimination complaints. It guides users through intake and filing and serves as the central platform for managing a charge.

EEOC Disability Discrimination Guidance
https://www.eeoc.gov/disability-discrimination
This resource explains key concepts such as reasonable accommodation, the interactive process, and medical inquiries. It provides practical examples and is an essential tool for understanding how the ADA is applied.

National Employment Lawyers Association (NELA)
https://www.nela.org
NELA is a professional organization of attorneys representing employees in labor and employment matters. Its member directory can be used to locate experienced counsel for complex cases.