Examples of ADA violations fall into three arenas the statute treats separately: employment decisions by covered employers, barriers or refusals at businesses open to the public, and failures by state and local government programs. A rescinded job offer after a disability disclosure, a restaurant turning away a service dog, a courthouse with no interpreter, and a county website that a screen reader cannot navigate are all violations, and each goes to a different agency for enforcement.
Employment Violations Under Title I
Title I applies to private employers with 15 or more employees, along with state and local governments, employment agencies, and labor unions.1U.S. Department of Justice. Introduction to the Americans with Disabilities Act Claims here cluster around hiring, accommodations, and how workers are treated on the job.
Illegal Questions and Exams During Hiring
Employers cannot ask about the existence or nature of a disability before making a conditional job offer, and they cannot require a medical exam at that stage.2U.S. Equal Employment Opportunity Commission. Disabilities Act Expands to Cover Employers With 15 or More Workers After a conditional offer, an exam is allowed only if every applicant in the same job category faces the same requirement. Pulling a job offer once a disability comes to light is a violation unless the employer can show the decision rested on legitimate, job-related criteria and no reasonable accommodation would let the person do the work.
Refusing a Reasonable Accommodation
A reasonable accommodation is a change to the job or workplace that lets a qualified employee perform the essential functions of the role. Common examples include a modified schedule, assistive technology like screen readers or alternative keyboards, permission to work from home, and additional breaks.2U.S. Equal Employment Opportunity Commission. Disabilities Act Expands to Cover Employers With 15 or More Workers
The employer and employee are required to work through an interactive process to find something workable. Ignoring the request or issuing a blanket denial is itself a violation. The only defense is undue hardship, meaning significant difficulty or expense relative to the employer’s overall resources, weighed against the cost of the accommodation, the employer’s finances, the number of employees, and the impact on operations.3U.S. Equal Employment Opportunity Commission. Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the ADA A large employer refusing a $300 ergonomic chair will not clear that bar.
Firing, Demotion, and Harassment
Firing, demoting, or harassing an employee because of a disability, a history of disability, or a perceived disability all violate Title I. So does a hostile work environment built on persistent mocking, isolation, or differential treatment tied to someone’s condition. The “perceived disability” piece matters: an employer who fires someone based on a mistaken belief that the person has a disability has still violated the law, even if the person was in perfect health.4eCFR. 28 CFR 35.108 – Definition of Disability
Public Accommodation Violations Under Title III
Title III covers nearly every private business that serves the public, regardless of size or the age of the building. Restaurants, hotels, retail stores, movie theaters, doctors’ offices, gyms, and private schools are all covered.5U.S. Department of Justice. Businesses That Are Open to the Public
Physical Barriers a Business Could Have Removed
Existing businesses must remove architectural barriers when doing so is “readily achievable,” meaning it can be done without much difficulty or expense. The regulations list installing ramps, adding grab bars in restroom stalls, and creating designated accessible parking spaces as examples.6U.S. Department of Justice. Americans with Disabilities Act Title III Regulations – Section 36.304 Removal of Barriers A store that has run for years with a single step at its entrance and no ramp, despite having the space and budget to install one, is a textbook violation.
Turning Away a Service Animal
Businesses must make reasonable changes to policies to accommodate people with disabilities. A restaurant with a “no pets” rule must still allow a person with a service dog to enter.5U.S. Department of Justice. Businesses That Are Open to the Public
Only dogs, and in limited circumstances miniature horses, qualify as service animals under the ADA. The animal must be individually trained to perform a specific task related to the person’s disability.7U.S. Department of Justice. ADA Requirements: Service Animals Emotional support animals, therapy animals, and comfort animals are not service animals under the ADA because they have not been trained to perform a specific task.8U.S. Department of Justice. Frequently Asked Questions About Service Animals and the ADA
When the service is not obvious, staff may ask only two questions: whether the dog is a service animal required because of a disability, and what task the dog has been trained to perform. Staff cannot ask about the person’s disability, demand medical documentation, or require the dog to demonstrate its task.7U.S. Department of Justice. ADA Requirements: Service Animals Anything beyond those two questions, or an outright denial of entry, is a violation.
Communication Failures and Surcharges
Businesses must communicate with people with disabilities as effectively as they communicate with everyone else. Depending on the situation, that can mean providing a sign language interpreter, large-print documents, or other auxiliary aids.9U.S. Department of Justice. Americans with Disabilities Act Title III Regulations – Section 36.303 Auxiliary Aids and Services Charging extra for these accommodations, whether it is a fee for interpreter services or a surcharge for accessible seating, is also a violation.5U.S. Department of Justice. Businesses That Are Open to the Public
Government Service Violations Under Title II
Title II covers all programs, services, and activities of state and local governments, including public schools, courts, public transit, voting, and recreation programs.10U.S. Department of Justice. State and Local Governments The obligations are broader than for private businesses because government entities cannot fall back on the “readily achievable” standard. They must ensure program access overall.
Courts, Libraries, and Public Buildings
A courthouse that fails to provide a qualified interpreter for a deaf litigant violates Title II. So does a public library that is inaccessible to wheelchair users with no alternative way to reach its services. Solutions do not always require expensive renovations; the entity might relocate a program to an accessible floor or provide curbside service.10U.S. Department of Justice. State and Local Governments
Transit, Voting, and 911
A public transit bus with a broken wheelchair lift, a polling place with no accessible entrance, and a recreation program that excludes participants based on disability all violate Title II. Emergency services carry their own rules. Every 911 call center must provide direct, equal access to callers who use TTY devices. Each call-taking position needs its own TTY-compatible equipment, and dispatchers must query every silent open-line call with a TTY rather than just dispatching police.11U.S. Department of Justice Civil Rights Division. Access for 9-1-1 and Telephone Emergency Services Under the ADA Relying on state relay services to handle emergency calls from deaf callers is specifically prohibited because relay introduces dangerous delays.
Website and Digital Access Violations
The DOJ finalized a rule in 2024 requiring state and local governments to make their websites and mobile apps conform to Web Content Accessibility Guidelines (WCAG) 2.1, Level AA. Governments serving 50,000 or more people must comply by April 24, 2026; smaller governments and special districts have until April 26, 2027.12U.S. Department of Justice. State and Local Governments: First Steps Toward Web Accessibility After the applicable deadline, a state voter registration form that cannot be navigated with a screen reader, or a county tax portal that is unusable without a mouse, would violate the rule.
For private businesses, no formal regulation sets a technical standard, but the DOJ has taken the position since 1996 that the ADA applies to the websites of businesses open to the public and has enforced web accessibility through settlement agreements with companies including H&R Block and Rite Aid.13U.S. Department of Justice. Guidance on Web Accessibility and the ADA Private plaintiffs have also brought thousands of Title III suits alleging that inaccessible websites deny equal access to goods and services.
Retaliation Counts Too
The ADA specifically prohibits retaliation against anyone who files a complaint, participates in an investigation, or opposes conduct they believe violates the law. Coercing, intimidating, or threatening someone for exercising their rights under the ADA or for helping someone else do so is also illegal.14Office of the Law Revision Counsel. 42 U.S. Code 12203 – Prohibition Against Retaliation and Coercion The remedies match those for the underlying violation. If your employer fires you for filing an ADA charge, the retaliation claim may prove stronger than the original, because retaliation often turns on timing and documentation rather than a debate over what counts as a reasonable accommodation.
Where to Report Each Type
Employment (Title I): the EEOC
Employment discrimination claims go to the Equal Employment Opportunity Commission. You must file a charge within 180 days of the discriminatory act. The deadline extends to 300 days if your state or locality has its own agency enforcing a similar anti-discrimination law, which is the case in most states.15U.S. Equal Employment Opportunity Commission. Time Limits for Filing a Charge The distinction between 180 and 300 days trips people up, and missing it forfeits the claim, so file early.
You can start through the EEOC’s online public portal. Your charge needs the employer’s name and address, a description of what happened, and the dates.16U.S. Equal Employment Opportunity Commission. Filing a Charge of Discrimination Investigations average about 10 months. After 180 days, you can request a Notice of Right to Sue and file in federal court whether or not the EEOC has finished.17U.S. Equal Employment Opportunity Commission. What You Can Expect After You File a Charge
Businesses and Government Services (Titles II and III): the DOJ
Complaints about businesses open to the public or state and local government services go to the U.S. Department of Justice, Civil Rights Division. You can file online through the DOJ’s civil rights reporting portal or by mail. Include the entity’s name and contact information, the names of any witnesses, and copies of supporting documents. The DOJ recommends filing within 180 days, though there is no hard statutory deadline for Title II and III administrative complaints the way there is for EEOC charges. Reviews can take up to three months before you hear back.18U.S. Department of Justice. File a Complaint
Private Lawsuits
You do not have to wait for a federal agency. Under Title III, any person subjected to disability discrimination can file a civil action for injunctive relief, such as a court order requiring the business to become accessible.19U.S. Department of Justice. Americans with Disabilities Act Title III Regulations – Section 36.501 Under Title II, private suits are available and can include compensatory damages.20U.S. Department of Justice. Americans with Disabilities Act Title II Regulations For employment claims, you generally need the EEOC’s right-to-sue letter first.
What You Can Recover
Employment claims can produce back pay, reinstatement, and compensatory damages for things like emotional distress. Punitive damages are available when the employer acted with malice or reckless indifference. The combined compensatory and punitive award is capped by employer size: $50,000 for employers with 15 to 100 employees, $100,000 for 101 to 200, $200,000 for 201 to 500, and $300,000 for more than 500. Back pay and front pay do not count toward these caps.21U.S. Equal Employment Opportunity Commission. Enforcement Guidance: Compensatory and Punitive Damages Available Under Section 102 of the Civil Rights Act of 1991
Private plaintiffs under Title III can obtain injunctive relief and attorney’s fees but cannot recover monetary damages on their own. When the DOJ brings a Title III case, it can seek civil penalties. Title II remedies include compensatory damages, injunctive relief, and reasonable attorney’s fees and costs to the prevailing party.20U.S. Department of Justice. Americans with Disabilities Act Title II Regulations