Older adults who live with disabilities know the right supports and accommodations can go a long way toward being able to keep a job, get around, and feel included overall in their communities. That’s why more than 30 years after its passage, the Americans with Disabilities Act continues to ensure that accessibility is never an afterthought.

What is the Americans with Disabilities Act (ADA)?

The Americans with Disabilities Act (ADA) is a federal law that protects people with disabilities from discrimination and exclusion from jobs, transportation, places that serve the public (including those operated by state or local government and private business, and their programs and services, and telecommunications). The law requires services and businesses serving the public to be accessible and to make reasonable accommodations for people with disabilities. It also gives someone the right to file a complaint against any service or business that violates the law.

Who is protected by the ADA?

The ADA protects people with disabilities, some visible, and some not. According to the law, a person with a disability has one or more of the following:1

  • A physical or mental condition that substanitally limits a major life activity (for example: speaking, hearing, or walking)
  • A history of living with a disability
  • Is perceived by others as having a disability

Examples of disabilities can include conditions that older adults may develop like diabetes, hearing loss, cancer, HIV, mobility disabilities (including use of a walker or cane), and depression.

Why was the ADA passed?

Because existing nondiscrimination laws only applied to places or services with federal funding, disability rights advocates in the 1980s asked Congress to expand protections to cover people with disabilities in all settings.2 This meant ending discrimination in accessing places and resources such as:2

  • Businesses, like restaurants and movie theaters
  • Transportation services
  • Doctor’s offices
  • Phone services

Following years of advocacy and testimony from groups such as the National Council on Disability, President George H.W. Bush signed the Americans with Disabilities Act into law on July 26, 1990. Some of the first parts of the law went into effect in 1992.3

“Since it passed more than 30 years ago, the Americans with Disabilities Act has provided a framework to support full access to people with disabilities to create a more inclusive society,” said Dianne Stone, the National Council on Aging’s associate director of network development and engagement.

It’s important that older adults understand that they may have rights under the law that can provide them better access to their community's places, programs, and services," Stone said.

What are reasonable accommodations under the ADA?

The ADA requres new and renovated facilities to meet accessible design standards and to remove barriers. These include things like having accessible entries, elevators, accommodations for the width of halls and doorways, and accessible bathrooms. Reasonable accommodations are changes to policies or rules that give someone equal access to a business or service.4 They may include allowing a service animal in places that normally don’t allow animals, or providing a chair for someone on crutches who is standing in line to vote.5 It may also include assistance with completing an application, providing an interpreter to a person with hearing loss or moving a program to a more accessible location. You may be denied an accommodation if it threatens the safety of others or would completely change the service being offered.4

The ADA offers protections and prohibits disability-based discrimination across the following areas:1

  • Employment: The law protects people unfairly passed over for jobs and requires employers to find accommodations to help workers continue doing their job. Examples include giving a diabetic employee breaks to take insulin, or having a sign language interpreter for a job applicant who is deaf.6
  • State and local government services: People with disabilities must have equal access to benefits such as emergency services, social services, voting precincts and libraries.
  • Transportation: Public and private transportation services must provide accommodations such as ramps and wheelchair lifts. In addition, transit stations may have signs in braille for people who are blind or have low vision and designated seating on buses and trains.7
  • Businesses serving the public: Places such as doctor’s offices, movie theaters, restaurants and gyms must give people with disabilities reasonable accommodations. For example, someone may need a companion to help them try on clothes in a department store dressing room.4
  • Phone companies: All states, U.S. territories and the District of Columbia must provide assistance for people who need help with speaking or hearing during phone calls. This help is called a relay service. The National Council on Aging’s BenefitsCheckUp website can help people find relay services where trained professionals can connect calls or provide people with equipment to make and receive calls.

Where do I file an ADA complaint?

You can file a complaint with the federal government if your rights under the ADA are violated. But where a person files an ADA complaint may depend on their situation. The following topics call for certain agencies:8

  • Employment: If you were denied accommodations for your job or denied a job because of your disability, you can file a “charge of discrimination” with the U.S. Equal Employment and Opportunity Commission (EEOC). An EEOC worker will first interview you to determine if filing a complaint is the best decision for you. If you move forward, the EEOC will begin an investigation. The EEOC may recommend mediation, which asks both sides to meet and come to an agreement. If the EEOC can’t reach a resolution, then you have the right to sue.

    Also, your state or county may have a Fair Employment Practices Agency where you can file an ADA complaint that will also be filed with the EEOC at the time.9
  • Health care: If you were denied accommodations at a medical office or under Medicaid or Medicare, you can file a complaint with the U.S. Health and Human Services Administration’s Office of Civil Rights (HHS). Investigators may interview you and make visits to your medical office. If the investigation rules in your favor, a medical office may be ordered to fix any issues, such as providing denied services.10
  • Housing: While the ADA covers some housing-related protections, private and public housing (other than a private home) must meet the accessibility standards in the Fiar Housing Act. If you think that your rights have been violated, file a complaint with the U.S. Department of Housing and Urban Development (HUD).11 HUD’s Office of Fair Housing and Equal Opportunity will interview you and create a formal allegation. A HUD investigator will then gather evidence from both sides, and may try to work out an agreement or seek legal action on your behalf free of charge.12
  • Transportation: If a public transit agency has not provided accommodations or has denied you service based on your diability, you are encouraged to file a complaint with them first before filing a complaint with the Federal Transit Administration’s (FTA) Office of Civil Rights. If the FTA is still needed to resolve your issue, they will launch an investigation. If the investigation discovers service issues, it may set a deadline for a transit agency to fix them.13 If a private transportation service has discriminated against you, you can file a complaint with the Department of Justice as outlined below.
  • Air travel: Air travel is covered by a different law, the AIr Carrier Access Act, but the protections are very similar. If you believe an airline did not provide you with accommodations related to your disability, you can file a complaint with the Department of Transportation’s Aviation Consumer Protection Division. The division may contact you to get more information about your incident. Also note that your complaint is more likely to become part of a collection of similar ones, rather than just yours, when it comes to issuing any punishment. You may be encouraged to contact the airline first to see if you can reach a resolution.

    However, if you are seeking any kind of money award for damages, you will need to hire your own private lawyer.14

Any remaining complaints must be filed with the U.S. Department of Justice’s (DOJ) Civil Rights Division.8 A review of your situation could take up to three months. While it’s possible your complaint could lead to a lawsuit, you may first be asked to go through mediation, which means reaching an agreement with a business or service without the need for legal action.8 There is no guarantee that your complaint will be addressed, but you can call the ADA Information Line at 800-514-0301 or 1-833-610-1264 for relay services to check on its status.8

How do I file an ADA complaint?

Every agency you can file ADA complaints with allows you to start the process in more than one of these ways:

  • Online
  • In person
  • Over the phone
  • By mail

The following agencies offer these options to begin filing a complaint:  

  • DOJ: Submit your complaint online or download an ADA complaint form and mail it to:

    U.S. Department of Justice
    Civil Rights Division
    950 Pennsylvania Avenue, NW
    Washington, D.C. 20530
  • EEOC: Find and visit your nearest EEOC field office in person, use their online portal, or call 1-800-669-4000. Relay services are available. You can also mail a signed letter to your EEOC office detailing how and why you were discriminated against, where it took place and how many employees there are. You typically have 180 days from the time the discrimination occurred to file a complaint, but it could be as few as 45 days for federal employees or anyone applying for a job.15

    Your EEOC field office can also tell you if there is a local Fair Employment Practices Agency near you to file your complaint with.9
  • FTA: File a complaint using FTA’s online form. You can also call their hotline at 888-446-4511 for help or 7-1-1 for relay services. You have within 180 days of a violation to file a complaint.13
  • DOT: Fill out the Air Travel Service Complaint or Comment Form online or download a complaint form and mail it to:14

    Aviation Consumer Protection Division
    Attn: C-75-D
    U.S. Department of Transportation
    1200 New Jersey Ave, SE
    Washington, D.C. 20590

    The complaint form will ask for your contact information, flight information, a detailed account of what happened, and any attempt to address your concerns with the airline beforehand.14 You can also mail a signed letter to the same address with the same information as the form.14 File your complaint as soon as possible. For questions, call (202) 366-2220 or dial 7-1-1 for relay services.14
  • HHS: Make a report using the online portal or download and fill out their complaint forms to email to OCRComplaint@hhs.gov. You can also print out completed forms and to mail to:

    Centralized Case Management Operations
    U.S. Department of Health and Human Services
    200 Independence Avenue, S.W.
    Room 509F HHH Bldg.
    Washington, D.C. 20201

    If you can’t download the forms, you can still mail a signed and dated letter to the same address. Be sure to include your contact information, the contact information of who you’re filing a complaint against and a detailed description of what happened.16 You must file your complaint within 180 days of when an incident took place.16
  • HUD: Make a report online or call an intake specialist at 1-800-669-9777. You can also download a complaint form and mail to your local Fair Housing and Equal Opportunity office. HUD has a list of the offices closest to you. You must file your complaint within a year of when you most recently faced discrimination.12

Sources

1.    ADA.gov. Introduction to the Americans with Disabilities Act. Found on the Internet at https://www.ada.gov/topics/intro-to-ada.

2.    ACL.gov. ADA History - In Their Own Words: Part One. Found on the Internet at https://acl.gov/ada/origins-of-the-ada

3.    Adata.org. Timeline of the Americans with Disabilities Act. Found on the Internet at https://adata.org/ada-timeline

4.    Mid-Atlantic ADA Center. Adjusting for Access: Reasonable Modifications in Policies, Practices, and Procedures. Found on the Internet at https://www.adainfo.org/article-archive/adjusting-access-reasonable-modifications-policies-practices-and-procedures/

5.    ADA.gov. ADA Update: A Primer for State and Local Governments. Found on the Internet at https://www.ada.gov/resources/title-ii-primer

6.    U.S. Equal Employment Opportunity Commission. Fact Sheet: Disability Discrimination. Found on the Internet at https://www.eeoc.gov/laws/guidance/fact-sheet-disability-discrimination

7.    Social Security Administration Ticket to Work. #ADAat30: Accessible Transportation: Get On the Road to Work. Oct. 29, 2020. Found on the Internet at https://choosework.ssa.gov/blog/2020-10-29-adaat30-accessible-transportation-get-on-the-road-to-work.html

8.    ADA.gov. File a Complaint. Found on the Internet at https://www.ada.gov/file-a-complaint/#who-you-can-file-a-complaint-against

9.    U.S. Equal Employment Opportunity Commission. Fair Employment Practices Agencies (FEPAs) and Dual Filing. Found on the Internet at https://www.eeoc.gov/fair-employment-practices-agencies-fepas-and-dual-filing

10.    U.S. Department of Health and Human Services. What to Expect. Found on the Internet at https://www.hhs.gov/civil-rights/filing-a-complaint/what-to-expect/index.html

11.    U.S. Department of Housing and Urban Development. Report Housing Discrimination. Found on the Internet at https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaint

12.    U.S. Department of Housing and Urban Development. Learn About FHEO’s Process to Report and Investigate Housing Discrimination. Found on the Internet at https://www.hud.gov/program_offices/fair_housing_equal_opp/complaint-process

13.    Federal Transit Administration. File a Complaint with FTA. Found on the Internet at https://www.transit.dot.gov/regulations-and-guidance/civil-rights-ada/file-complaint-fta

14.    U.S. Department of Transportation. Complaints Alleging Discriminatory Treatment Against Disabled Travelers Under The Air Carrier Access Act and 14 CFR Part 382. https://www.transportation.gov/airconsumer/complaints-alleging-discriminatory-treatment-against-disabled-travelers

15.    U.S. Equal Employment Opportunity Commission. Time Limits For Filing A Charge. Found on the Internet at https://www.eeoc.gov/time-limits-filing-charge

16.    U.S. Department of Health and Human Services. How to File a Civil Rights Complaint. Found on the Internet at https://www.hhs.gov/civil-rights/filing-a-complaint/complaint-process/index.html