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The ADA and You: What to do When an Employer Discriminates Against You Because of Your Disability:
by: Kathryn Moss, Ph.D., Leah M. Ranney, Ph.D., Carol Gunther-Mohr, M.A.

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Information Brief 1 - ADA Employment Discrimination Administrative Charges
How Well Does the System Work?
June 20, 2001
Kathryn Moss, Ph.D. Michael Ullman, M.A., Scott Burris, J.D., Matthew Johnsen, Ph.D., and Jeffrey Swanson, Ph.D.

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Information Brief 2 - In Search of a Solution to Disability-Based Employment Discrimination
September 25, 2001
Kathryn Moss, Ph.D., Michael Ullman, M.A., Scott Burris, J.D., Matthew Johnsen, Ph.D., and Jeffrey Swanson, Ph.D.

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Information Brief 3 - ADA Title I Enforcement and People with HIV/AIDS August 27, 2002
Kathryn Moss, Ph.D., Leah M. Ranney, Ph.D., Carol Gunther-Mohr, M.A.

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Myth: Going to the EEOC or a state or local fair employment practice agency (FEPA) is a waste of time if you have a disability-based employment discrimination complaint.

Fact: Many people are filing administrative complaints, but inadequate resources in these offices mean that only a small percentage of the complaints bring benefits to complainants. Filing an administrative complaint is not a waste of time, however. You need to file an administrative complaint before you can file a lawsuit in court.

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Myth: Filing a lawsuit is a waste of time if you have a disability-based employment discrimination complaint.

Fact: Most employment discrimination lawsuits that end in judicial opinions or jury verdicts benefit employers, not people with disabilities. However, only a small percentage of cases are decided by judicial opinion or jury verdict. Our data show that once a lawsuit is filed, over half of the employers named in complaints will settle the claims out of court.

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Myth: The ADA is failing.

Fact: A string of court decisions have denied claims by people with disabilities. However, not only are many people who are filing ADA lawsuits receiving settlements from their claims, but also anecdotal information indicates that many employers are complying with the law without any claim being filed against them.

To file a charge, you need to go to, call, or write the nearest EEOC office or state or local Fair Employment Practices Agency. Here are some tips for filing your charge.

• File as soon as possible. In some states you have 300 days after the alleged discriminatory act. In others you have 180 days. To be on the safe side, file as soon as you can!
• If possible, go to the office. This is the most effective way for your charge to be investigated. Phoning the office is the next best way, and writing to the office is the least effective method.
• Bring documentation to show that you have an impairment that substantially limits a major life activity but that you are qualified to perform all essential job functions. The documentation can be emails, statements from witnesses, job evaluations, resumes, written records of phone calls, or any other proof. Try to include the following points:
• • The way in which your disability presents a substantial limitation and limits one or more major life activities.
  • If your disability is a hidden disability, the date you disclosed it.
  • If you use a corrective device for your disability, any side effects you might experience from the corrective device.
  • Why you are qualified to do the job in question.
  • The details of the discrimination you encountered.
  • What you did about it.
  • The identity of witnesses to the disability-based discrimination.
• Bring a copy of this documentation for the investigator. If you file by phone, mail the documentation before the interview.
• Consider hiring a lawyer. You do not need a lawyer to file an administrative charge, but having one is related to receiving a much higher monetary settlement award.
• Find out whether your case has been rated A, B or C. Most "A" cases are relatively thoroughly investigated and offer complainants the best chance to receive a beneficial outcome. Most "B" and "C" cases receive limited investigations and offer complainants much less of a chance to receive a beneficial outcome.
• Consider having your case mediated. Your chances of receiving a settlement from mediation are much higher than they would be if you do not participate in mediation. Also, people who do not participate in mediation receive about $2,000 less than people whose charges get settled in the regular administrative process.
• Be persistent! Don't allow unreturned calls or unanswered mail to let the deadline slip by. Keep calling, writing, and visiting the office as much as necessary.