How to File a Title I ADA Administrative Complaint

Web Posted on: December 18, 1997

Title I-Employment Enforcement procedures and Limitations

A. Internal Grievance Procedure This is not required, but may be provided by employer.

B. Filing an Administrative Complaint 1. File a complaint (also called a charge of discrimination) with EEOC. (800) 669-4000 voice.

(a) Complaint must be filed within 180 days of incident of discrimination. In some states, charges may be filed up to 300 days after the incident, but in any case, contact EEOC promptly.

2. EEOC will investigate charge to determine whether there is probable cause to believe discrimination has occurred, and it there is, to conciliate the dispute. "Right to Sue" letter will be issued to charging party (person who files the complaint), if the dispute is not resolved by EEOC. Alternatively, EEOC could decide to file its own lawsuit. Right to sue letter may be requested after 180 days.

C. Filing a Lawsuit

1. Only possible after EEOC has issued "Right to Sue" letter.

2. Remedies Available (based on Civil Rights Act of 1991):

(a) Injunctive and equitable relief, including hiring, reinstatement in a job, promotion. back pay, front pay, restored benefits, reasonable accommodation, attorney's fees, expert witness fees and court costs.

(b) Compensatory damages and jury trials available for intentional discrimination.

(d) Cap on sum of future compensatory, "pain and suffering" and punitive damages depends on number of employees:

(i) 15 - 100 employees: $ 50,000 cap,
(ii) 101 - 200 employees: $100,000 cap,
(iii) 201 - 500 employees: $200,000 cap,
(iv) 500+ employees: $300,000 cap.

D. Alternative Dispute Resolution (voluntary). Any individual with a disability who pursues Alternative Dispute Resolution should consider filing an administrative complaint first due to 180 day time limit on filing a complaint.

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