How To File an ADA Title III Complaint

It can be frustrating when public-facing employees at places like gyms or stores don’t understand how to accommodate a customer with a disability. Intentionally committed or not, it’s a form of disability discrimination. It’s difficult to know the proper legal response. Should an Americans with Disabilities Act (ADA) complaint be filed, or a lawsuit?

In this article, we answer this question and others. We also dive deeper into public accommodations under the ADA, including related complaint resolution methods and potential outcomes.

If you suspect you’ve been a target of disability discrimination, it’s usually a good idea to speak with a discrimination attorney in your state. They can help you understand the remedies available to you under state and federal law. That way, you can figure out the best way to proceed.

In the meantime, let’s start with some background information about the ADA.

The Americans with Disabilities Act

The ADA is a landmark federal civil rights law passed in 1990. Its goal is to ensure that people with disabilities have the same rights and opportunities as everyone else. As such, it prohibits disability discrimination in various aspects of public life.

The law is divided into sections called “titles.” For example, Title I deals with disability discrimination in employment. Title II addresses disability discrimination by public entities, like state and local government.

Title III of the ADA

Title III prohibits disability discrimination by places known as “public accommodations.” Public accommodations are open to the public but owned and operated by private entities. For example, restaurants and hotels are public accommodations. 

Other public accommodations include:

• Stores
• Museums
• Social service centers
• Gyms
• Movie theaters

These Title III-covered places may not discriminate against people based on their disability. This means a restaurant may not refuse to serve someone just because they’re in a wheelchair, but discrimination under Title III isn’t always so obvious.

These businesses often fail to make reasonable accommodations for individuals with disabilities. What’s actually required can sometimes be confusing. To clarify other ways that discrimination under Title III may appear, let’s take a look at what the law says.

Public Accommodations

Title III imposes three main obligations on public accommodations. They’re intended to ensure equal access for individuals with disabilities. Title III entities must comply with them unless doing so would fundamentally alter the nature of their offerings or impose an undue burden. Specifically, they have to:

• Make reasonable modifications to policies and procedures: Like allowing service animals despite a no-pets policy
• Remove architectural barriers from existing facilities when readily achievable: Installing ramps or modifying restrooms, for example
• Provide effective communication aids and services: Such as visual emergency alert systems, mobile app accessibility, or telecommunication aids like text telephone (TTY) devices

In addition, public accommodations must follow the ADA Standards for Accessible Design for new construction/alterations. These contain the technical requirements for physical features like ramps, restrooms, and signage. They became mandatory for new projects started after January 26, 1993.

Commercial Facilities

Although Title III mainly focuses on public accommodations, the accessible design requirement also applies to commercial facilities. These are privately owned, non-residential buildings that aren’t open to the public and include places like warehouses, factories, and office buildings.

Title III ADA Complaints

The U.S. Department of Justice (DOJ) is the primary federal agency responsible for enforcing Title III. The Disability Rights Section of its Civil Rights Division receives and reviews Title III complaints.

If you believe you’ve faced disability discrimination by a public accommodation or commercial facility, you may want to file an ADA complaint. This is separate from filing a lawsuit against the Title III entity and any state discrimination complaints you might bring. A skilled discrimination attorney can help you sort through the damages and remedies available with each option.

Understanding how the related complaint procedures work can make the process much easier. Let’s take a look at what you need to know.

Filing a Title III Complaint

When someone files a Title III ADA complaint with the DOJ, it’s important to remember that the DOJ‘s primary role is to enforce the law in the public interest. If there’s a violation of Title III, the DOJ usually focuses on corrective action rather than compensating victims. This is different from filing a discrimination lawsuit against the entity yourself.

The process for filing complaints begins with an ADA complaint form. You can download it directly in regular or large print format from ADA.gov. The DOJ can also provide additional alternate formats, which are available through the ADA Information Line phone number.

You can file your complaint online or by mail. If you’re filing by mail, you can either send in a written complaint letter or your completed complaint form. 

Regardless of how you file your complaint, you’ll need to provide the following information:

• Your contact information, like telephone number and address
• Name of the business or entity
• Description of the alleged discriminatory act(s), including dates and people involved
• Copies (not originals) of supporting documents
• Any communication preferences

Be as specific as possible, detailing the specific barriers or discriminatory actions you encountered.

Either complete your submission online or mail it to:

U.S. Department of Justice

Civil Rights Division

950 Pennsylvania Avenue, NW

Washington, D.C. 20530

The DOJ may take at least several months to review your complaint. The processing time can vary depending on the complexity of the case and the volume of complaints received by the DOJ. You can call the ADA Information Line to check the status of your complaint.

Initial Review

The DOJ typically conducts an initial review of these complaints to screen them and ensure it has jurisdiction over them. It’s not uncommon for someone to mistakenly file a disability discrimination claim related to employment with the DOJ. The Equal Employment Opportunity Commission (EEOC) has jurisdiction over Title I, so the DOJ will refer these complainants accordingly.

Even when the DOJ has jurisdiction, it regularly closes many complaints with no further action. The DOJ has discretion about which cases to pursue. Due to the volume of complaints and resource limitations, it doesn’t pursue every complaint.

ADA Mediation Program

If the DOJ doesn’t close your complaint after an initial review, it may refer the matter to mediation. The DOJ regularly identifies cases suitable for mediation and then offers its ADA Mediation Program to both parties at no cost. The mediator doesn’t decide the case or determine ADA violations.

Mediation is voluntary and confidential. If the complainant and covered entity agree, an ADA mediator can try to help them reach a binding settlement. If mediation fails or is declined, the DOJ may close the matter or conduct an investigation.

Investigations

For qualifying cases, the DOJ will open an investigation into the alleged discrimination. It may request additional information from the complainant, conduct interviews, and/or seek records.

This may lead to voluntary compliance by the entity. Sometimes, the mere act of notifying the entity of the newly opened DOJ investigation will prompt it to take corrective action on its own, even without a formal agreement.

It’s also possible the DOJ may determine there isn’t enough evidence to support a Title III violation or that the entity is already in compliance. In such cases, it will close the complaint without further action.

Violations

If the investigation reveals a Title III violation, the DOJ usually proceeds in one of two ways. We review both below.

Negotiated Settlement

The DOJ may work with the entity to reach a settlement agreement. These voluntary compliance agreements outline specific steps the entity must take to remedy the violation(s). This may include the entity’s commitments to:

• Make structural modifications to remove physical barriers
• Modify discriminatory policies
• Train staff on ADA compliance
• Pay civil penalties
• Intermittently report compliance progress to the DOJ

Although it’s rare, monetary damages can be awarded to the complainant and other victims in these agreements. If either the negotiations fail or the violation is particularly egregious, the DOJ may sue the entity.

Federal Lawsuit

The DOJ may file a civil lawsuit in federal court against the entity. In these cases, the DOJ doesn’t represent the complainant. It’s suing on behalf of the United States. If the DOJ prevails, the court may order the entity to:

• Pay civil penalties
• Remove physical barriers
• Make policy changes
• Implement training
• Subject to monitoring

In some cases, the DOJ may secure monetary damages for the complainant (and other victims, if applicable) to compensate for out-of-pocket expenses, emotional distress, or other harms caused by the discrimination.

Private Lawsuits

Regardless of the DOJ‘s decision, you may file your own lawsuit. In general, private plaintiffs cannot recover compensatory damages under Title III. Still, you can seek to have the court order:

• Modifications to the entity’s facilities or practices
• Payment of attorney’s fees and litigation costs

Depending on your state, you may also be able to recover statutory or compensatory damages. California law allows private plaintiffs to recover $4,000 per ADA violation. Not all states offer similar remedies.

Speaking With a Lawyer

It’s critical to understand the full range of options available to you when addressing ADA violations. These will depend on your specific circumstances as well as state law. To ensure you’re making informed decisions, consider consulting an experienced disability rights advocate licensed in your state.

You can share the specifics of your situation with them in confidence. They can give you a complete picture of the remedies available to you and help you weigh the pros and cons associated with each.

This isn’t the easiest landscape to navigate. A trusted advisor can be instrumental in protecting your interests and securing the best possible outcome for you. It’s a good idea to be selective when identifying the right lawyer.

Use reliable resources like FindLaw’s directory of discrimination attorneys for information about lawyers in your area. You can review their backgrounds and ratings by clicking on your state, then city. You may decide to meet with more than one before making a decision.

Either way, give yourself the peace of mind that comes with legal guidance.