Filing an EEOC Complaint for Disability Discrimination: Step-by-Step Guide

Disability discrimination in the workplace remains a significant issue across the United States. If you’ve faced discrimination due to a disability in Arkansas, Oklahoma, Mississippi, Tennessee, Texas, or Louisiana, you have rights under the Americans with Disabilities Act (ADA). The Equal Employment Opportunity Commission (EEOC) enforces these rights, and filing a complaint with the EEOC is the first step toward seeking justice. Here’s a step-by-step guide from American Disability Action Group to filing an EEOC complaint for disability discrimination.
Step 1: Understand Your Rights Under the ADA
The ADA prohibits employers with 15 or more employees from discriminating against individuals with disabilities. This includes hiring, promotions, job assignments, training, termination, and reasonable accommodations. For example, if an employer in Arkansas refuses to provide reasonable accommodations for your disability, they may be in violation of the ADA.
Reasonable accommodations could include:
- Modifying workspaces or equipment.
- Allowing flexible schedules.
- Providing assistive technology or communication aids.
Step 2: Gather Evidence of Discrimination
Before filing a complaint, gather documentation that supports your claim. Evidence may include:
- Written communication (emails, texts, or memos) from your employer.
- Witness statements from coworkers or supervisors.
- Documentation of your disability from a healthcare provider.
- Proof of denied reasonable accommodations.
For example, in Oklahoma, if you were denied a promotion after requesting a reasonable accommodation, save any emails or written correspondence that could serve as evidence.
Step 3: File Your Complaint with the EEOC
You must file your complaint within 180 days of the discriminatory act. The EEOC extends this deadline to 300 days in states like Mississippi with state or local fair employment practices agencies.
You can file your complaint online, in person at an EEOC office, or by mail. Be prepared to provide details such as:
- Your name and contact information.
- The name and address of your employer.
- A description of the discriminatory acts.
Step 4: Participate in the EEOC’s Investigation
After you file your complaint, the EEOC will notify your employer and begin its investigation. In Tennessee, as in other states, this process may involve interviews with you, your employer, and witnesses. The EEOC may also review company policies and request additional documentation.
Step 5: Mediation or Conciliation
The EEOC often offers mediation as an alternative to litigation. Mediation is a voluntary process where both parties attempt to resolve the issue with the help of a neutral third party. If mediation is unsuccessful, the EEOC may attempt conciliation to reach a resolution.
For example, in Texas, mediation might result in a settlement where the employer agrees to provide accommodations or compensate you for lost wages.
Step 6: Pursue Further Legal Action if Necessary
If the EEOC determines that discrimination occurred but cannot resolve the case, it may issue you a “right to sue” letter. This allows you to file a lawsuit in federal court. For veterans and employees in Louisiana, having an experienced attorney can be invaluable when pursuing litigation.
How American Disability Action Group Can Help
Navigating the EEOC complaint process can be complex and intimidating, but you don’t have to face it alone. The Arkansas and Nationwide Social Security Disability Attorneys at American Disability Action Group specialize in protecting the rights of individuals in Arkansas, Oklahoma, Mississippi, Tennessee, Texas, and Louisiana who face disability discrimination. Contact us today to ensure your rights are upheld and to take the first step toward justice. Discrimination should never be tolerated—let us fight for you.
eeoc.gov/federal-sector/filing-formal-complaint