PRO SE ADA ACCOMMODATION GUIDE

A Plain-Language Guide to Requesting Reasonable Accommodations Under the Americans with Disabilities Act

TABLE OF CONTENTS

1. What the ADA Covers
2. Title I: Workplace Accommodations
3. How to Request a Reasonable Accommodation
4. What to Do If Your Request Is Denied
5. Filing an EEOC Complaint (Title I)
6. Title III: Public Accommodations
7. Filing a DOJ Complaint (Title III)
8. State-Specific Notes
9. Checklist and Timeline Tracker

SECTION 1: WHAT THE ADA COVERS

The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against people with disabilities. It has several parts:

• Title I — Covers employers with 15 or more employees. Requires reasonable accommodations in the workplace.
• Title II — Covers state and local government services and programs.
• Title III — Covers businesses open to the public (stores, restaurants, hotels, doctors' offices, etc.). Requires accessible facilities and services.

Who qualifies as "disabled" under the ADA?

You are protected if you have a physical or mental impairment that substantially limits one or more major life activities. After the ADA Amendments Act of 2008, this definition is interpreted broadly. Examples include mobility impairments, vision or hearing loss, diabetes, epilepsy, PTSD, depression, anxiety, autism, cancer, and many more conditions.

SECTION 2: TITLE I — WORKPLACE ACCOMMODATIONS

A "reasonable accommodation" is a change to your job or workplace that allows you to perform your job despite your disability. Your employer must provide one unless it would cause "undue hardship" (significant difficulty or expense).

Common examples of reasonable accommodations:
- Modified work schedule or telecommuting
- Ergonomic equipment (standing desk, special chair)
- Reassignment to a vacant position
- Additional breaks for medical needs
- Screen reader or other assistive technology
- Quiet workspace for concentration
- Modified job duties (removing non-essential functions)
- Leave for medical treatment

Important: Your employer only needs to accommodate known disabilities. You must speak up.

SECTION 3: HOW TO REQUEST A REASONABLE ACCOMMODATION

Step 1: Put Your Request in Writing

You do not legally need to use specific words like "ADA" or "reasonable accommodation," but writing helps create a record.

Your letter or email should include:
- A statement that you have a medical condition affecting your ability to do your job
- What specific accommodation you are requesting
- Why this accommodation will help you perform your essential job functions
- A willingness to discuss alternatives

Date request submitted: [__/__/____]

Step 2: Provide Medical Documentation (If Asked)

Your employer may ask for documentation from your doctor. They are entitled to know:
- That you have a disability covered by the ADA
- How it limits your ability to do your job
- Why the accommodation you requested would help

They are NOT entitled to your full medical records or diagnosis details beyond what is needed.

Step 3: Participate in the "Interactive Process"

The law requires both sides to work together in good faith. This means:
- Attending meetings to discuss your needs
- Considering alternative accommodations if your first choice is not feasible
- Responding promptly to requests for information

Keep notes of every conversation. Follow up verbal discussions with an email summarizing what was said.

SECTION 4: WHAT TO DO IF YOUR REQUEST IS DENIED

If your employer denies your request, ignores it, or retaliates against you:

☐ Ask for the denial in writing, with a specific reason

☐ Propose alternative accommodations

☐ Document any negative treatment (write down dates, times, witnesses)

☐ File an internal complaint with HR or your company's EEO office

☐ Contact the EEOC if the problem is not resolved

Retaliation is illegal. Your employer cannot fire you, demote you, reduce your hours, or treat you worse for requesting an accommodation.

SECTION 5: FILING AN EEOC COMPLAINT (TITLE I)

If your employer refuses to accommodate you or discriminates against you because of your disability, you can file a "charge of discrimination" with the EEOC.

Deadline

You must file within 180 days of the discriminatory act. This extends to 300 days if your state has its own anti-discrimination agency (most states do). Do NOT wait — file as soon as possible.

How to File

1. Online: Visit the EEOC Public Portal at https://publicportal.eeoc.gov/
2. In person: Visit your nearest EEOC office
3. By mail: Send a signed letter describing the discrimination to your nearest EEOC office

What Happens Next

• The EEOC will investigate your charge
• They may offer mediation (free and voluntary)
• If they find reasonable cause, they may try to settle
• If not resolved, you will receive a "Right to Sue" letter
• You then have 90 days from receiving the Right to Sue letter to file a lawsuit in federal court

SECTION 6: TITLE III — PUBLIC ACCOMMODATIONS

Title III covers private businesses that serve the public. If a business fails to provide accessible services or facilities, you have rights.

Examples of Title III violations:
- No wheelchair ramp or accessible entrance
- Website not accessible to screen readers
- Refusing to allow a service animal
- No sign language interpreter when needed
- Inaccessible restrooms or parking

What You Can Do

1. Ask the business to fix the problem — Put your request in writing
2. File a complaint with the DOJ (see Section 7)
3. File a lawsuit in federal court — You can seek injunctive relief (forcing the business to fix the problem) but generally not money damages under federal law
4. File under state law — Many states allow money damages (see Section 8)

SECTION 7: FILING A DOJ COMPLAINT (TITLE III)

How to File

• Online: Visit https://www.ada.gov/file-a-complaint/
• By mail: U.S. Department of Justice, Civil Rights Division, Disability Rights Section, 950 Pennsylvania Ave NW, Washington, DC 20530

What Happens

• The DOJ reviews your complaint
• They may refer you to their free ADA Mediation Program
• If they find a pattern of violations, they may take enforcement action
• The DOJ has authority to seek civil penalties: up to $75,000 for a first violation, $150,000 for subsequent violations (28 C.F.R. § 36.504)

SECTION 8: STATE-SPECIFIC NOTES

California

• Fair Employment and Housing Act (FEHA) — Cal. Gov. Code §§ 12900-12996. Covers employers with 5+ employees (broader than federal ADA). File with the California Civil Rights Department (CRD) within 3 years.
• Unruh Civil Rights Act — Cal. Civ. Code § 51. Allows minimum $4,000 per violation in damages for accessibility violations.

Texas

• Texas Commission on Human Rights Act — Tex. Lab. Code Ch. 21. Covers employers with 15+ employees. File with the Texas Workforce Commission Civil Rights Division within 180 days.
• No state equivalent to Unruh Act for public accommodation damages.

Florida

• Florida Civil Rights Act — Fla. Stat. §§ 760.01-760.11. Covers employers with 15+ employees. File with the Florida Commission on Human Relations within 365 days.
• Florida law generally mirrors federal ADA protections.

New York

• New York State Human Rights Law — N.Y. Exec. Law § 296. Covers all employers (no minimum size). File with the NY Division of Human Rights within 3 years (or 1 year if filing in court).
• NYC Human Rights Law provides even broader protections for NYC residents.

SECTION 9: CHECKLIST AND TIMELINE TRACKER

Accommodation Request Checklist

☐ Identified the specific accommodation I need

☐ Prepared written request letter/email

☐ Date request submitted: [__/__/____]

☐ Kept a copy of everything sent

☐ Provided medical documentation (if requested): [__/__/____]

☐ Participated in interactive process meetings

☐ Documented all conversations (dates, who was present, what was said)

☐ Received written response from employer: [__/__/____]

If Denied — Complaint Filing Checklist

☐ Date of denial or discriminatory act: [__/__/____]

☐ Deadline to file EEOC charge (180/300 days): [__/__/____]

☐ Filed EEOC charge: ☐ Online ☐ In Person ☐ By Mail

☐ EEOC charge number: [________________________________]

☐ Mediation offered: ☐ Yes ☐ No — Accepted: ☐ Yes ☐ No

☐ Right to Sue letter received: [__/__/____]

☐ Deadline to file federal lawsuit (90 days from receipt): [__/__/____]

SOURCES AND REFERENCES

• EEOC Guidance on Reasonable Accommodation: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
• ADA.gov Disability Rights Guide: https://www.ada.gov/resources/disability-rights-guide/
• ADA National Network: https://adata.org/
• Job Accommodation Network (JAN): https://askjan.org/ — Free expert guidance on workplace accommodations

This guide is provided for informational purposes only. It is not legal advice. ADA claims have strict deadlines. If you believe your rights have been violated, consult an attorney or contact your local legal aid office immediately.