Frequently Asked Questions

Reviewed by Yael Krieger (YK), Editor-in-Chief — Disability Rights & ADA Litigation Practice. Updated May 2026.

What is the deadline to file an ADA employment complaint?

For Title I employment claims, you must file a charge of discrimination with the EEOC within 180 days of the discriminatory act, or within 300 days if the state where the violation occurred has a state fair employment practices (FEP) agency — which applies in most major states. This deadline is strictly enforced: missing it almost certainly bars your federal ADA claim, regardless of how strong the underlying facts are. After the EEOC issues a right-to-sue letter, you have 90 days to file in federal court. Alternatively, you can request an early right-to-sue letter 180 days after filing the charge if you prefer not to wait for the EEOC investigation to conclude.

Does the ADA cover mental health conditions?

Yes. The ADA Amendments Act of 2008 (ADAAA) significantly expanded the definition of disability to include a broader range of conditions. Mental health conditions routinely qualify as ADA disabilities when they substantially limit a major life activity: depression, anxiety disorders, PTSD, ADHD, bipolar disorder, OCD, schizophrenia, and others. The ADAAA also clarified that episodic conditions and conditions in remission (like cancer in remission or well-controlled diabetes) qualify when they would substantially limit a major life activity if active. The current standard is intended to be broadly inclusive — courts should not spend significant time on whether someone’s impairment qualifies.

What is a reasonable accommodation?

A reasonable accommodation is any modification to a job, work environment, or work practice that allows a qualified individual with a disability to perform the essential functions of the job, provided it does not impose an undue hardship on the employer. Common accommodations include: modified work schedules; reduced hours on a temporary or permanent basis; remote or hybrid work arrangements; reassignment to a vacant position; assistive technology; modified equipment; permission for more frequent breaks; parking accommodations; leave of absence beyond FMLA entitlement; and ergonomic adjustments to workstations.

The employer must provide an effective accommodation but is not obligated to provide the specific accommodation the employee requests. If the employee’s preferred accommodation would impose undue hardship, the employer may offer an alternative that also allows the employee to perform the job. What constitutes undue hardship depends on the employer’s size, financial resources, the nature of the accommodation, and its operational impact. Small employers may establish undue hardship for accommodations that large employers cannot.

Can I sue my employer directly without going through the EEOC?

No, for Title I employment claims. Federal ADA employment claims require exhaustion of administrative remedies through the EEOC (or a state FEP agency) before a lawsuit can be filed in federal court. You must file an EEOC charge, wait for (or request) a right-to-sue letter, and file in court within 90 days of receiving that letter. Skipping the EEOC step results in dismissal. For Title II (government services) and Title III (public accommodations) claims, no EEOC exhaustion is required — you can file directly in federal court.

Are punitive damages available against a government employer?

No. Punitive damages under ADA Title I are not available against federal, state, or local government employers. The statutory cap on combined compensatory and punitive damages (42 U.S.C. § 1981a(b)(3)) also does not apply to government defendants — only the prohibition on punitive damages does. Compensatory damages and back pay and front pay remain available against government employers; the exclusion is specifically for punitive damages. Title II claims against state government entities are also subject to Eleventh Amendment sovereign immunity concerns in some circuits that limit money damages against states.

What is front pay?

Front pay compensates for future lost earnings when reinstatement to the former position is not feasible — because the position no longer exists, a replacement has been installed, or the working relationship has become too hostile for reinstatement to be workable. Courts award front pay for a reasonable period, typically between one and five years depending on the plaintiff’s age, the job market, the nature of the position, and the likelihood of finding equivalent work. Front pay is equitable relief determined by the judge (not the jury) and is not subject to the statutory damages cap. The calculator uses 50% of annual income (approximately six months) as a conservative proxy for forward-looking losses.

Does the ADA apply to small businesses?

Title I (employment) applies only to employers with 15 or more employees — this threshold is identical to Title VII of the Civil Rights Act. Employers with fewer than 15 employees are not subject to Title I, though they may be subject to state disability discrimination laws that cover smaller employers. Title III (public accommodations) applies to most businesses that serve the public regardless of size, though there are exemptions for private clubs and religious organizations. Title II covers all state and local government entities regardless of size.

What if I signed a severance agreement waiving my ADA claims?

Severance agreements often include waivers of employment discrimination claims including ADA claims. Whether a waiver is enforceable depends on whether it was knowing and voluntary. Courts consider: whether the agreement was written in plain language; whether the employee had adequate time to consider it; whether they were advised to consult an attorney; whether consideration beyond what they were already entitled to was provided; and whether the waiver specifically referenced the ADA. For employees 40 or older, additional ADEA-specific requirements (21-day consideration period, 7-day revocation period) must also be met. An employment attorney can evaluate whether a signed waiver would be enforced against a specific ADA claim.

Can I get ADA protection if I don’t have a diagnosed disability?

Yes, in two circumstances. First, the ADA protects people who are regarded as having a disability — if an employer perceives you as disabled and takes adverse action on that basis, you can bring a “regarded as” claim even without an actual qualifying disability. Second, the ADA protects people who have a record of a disability — even if the condition is resolved, a history of the impairment is protected. After the 2008 amendments, the “regarded as” prong is intended to be broad: if the employer acted based on an actual or perceived impairment, the claim proceeds without the employee needing to prove the impairment substantially limits a major life activity.

Return to the calculator, or read the guides for in-depth coverage of ADA damages and claim types.