casemark/ada-accommodation-complaint

ADA Failure to Accommodate Complaint

Generates a litigation-ready complaint under ADA Title I (employment) or Title III (public accommodations) for federal or state court. Determines applicable title from intake facts, structures numbered allegations to satisfy Twombly/Iqbal plausibility, and produces a complete pleading with causes of action and prayer for relief.

Intake Checklist

Gather before drafting:

• [ ] Plaintiff name, state of residence
• [ ] Disability: diagnosis, functional limitations, treating provider
• [ ] Accommodation request: date, form (oral/written), recipient, specific accommodation, medical documentation submitted
• [ ] Defendant response: denial letter, non-response timeline, or interactive process failure evidence
• [ ] Title I only: job description, hire date, performance reviews, adverse action date/reason
• [ ] Title I only: EEOC charge number, filing date, Right to Sue date, receipt date
• [ ] Damages: pay stubs, W-2s, benefits records, therapy/treatment records

Complaint Structure

Draft the following sections in order:

1. Caption

Court name/division; plaintiff as "an individual with a disability"; defendant by full legal name; title: COMPLAINT FOR FAILURE TO PROVIDE REASONABLE ACCOMMODATION UNDER THE AMERICANS WITH DISABILITIES ACT; case number placeholder.

2. Nature of Action

2–4 sentences: title invoked → plaintiff's disability and limitation → accommodation requested → defendant's refusal or process failure → resulting harm.

3. Parties

Plaintiff: Name; residence state; disability status under 42 U.S.C. § 12102 (impairment / record of / regarded as); relationship with defendant.

Defendant (Title I): Legal name; business form; principal place of business; 15+ employees for 20+ weeks in current or preceding calendar year.

Defendant (Title III): Legal name; owns/leases/operates place of public accommodation; category under § 12181(7).

4. Jurisdiction and Venue

| Basis | Citation | |---|---| | Federal question | 28 U.S.C. § 1331 | | Title I | 42 U.S.C. § 12117(a) | | Title III | 42 U.S.C. § 12188 | | Supplemental state claims | 28 U.S.C. § 1367(a) | | Venue | 28 U.S.C. § 1391(b) |

EEOC exhaustion (Title I — mandatory):

• Charge filed within 300 days (deferral state) or 180 days (non-deferral)
• Complaint filed within 90 days of Right to Sue receipt per § 2000e-5(f)(1)
• Attach Right to Sue letter as Exhibit A

5. Factual Allegations

Numbered paragraphs, chronological:

1. Disability — impairment; how it substantially limits a major life activity per ADAAA; documentation provided to defendant
2. Qualification — position, essential functions, performance history establishing "otherwise qualified"
3. Accommodation request — date, form, recipient, content; medical documentation submitted
4. Interactive process failure — no meeting, no questions about limitations, no alternatives proposed, no good-faith engagement
5. Denial and rebuttal — defendant's reason(s) and rebuttal:
   • Undue hardship: low cost vs. resources; tax credits; minimal operational impact (§ 12111(10)(B))
   • Not qualified: performance record; prior success with informal accommodation
   • Fundamental alteration: modification does not alter core service/function
6. Adverse action — date, type (termination/demotion/denial of access/constructive discharge), stated reason
7. Damages — lost wages, benefits, out-of-pocket costs, emotional distress with treatment records
8. Malice/reckless indifference (if punitive damages sought) — pattern of discrimination, ignored counsel advice, animus statements

6. Causes of Action

Count I — Failure to Accommodate (Title I), § 12112(a), (b)(5)(A):

• [ ] Plaintiff has a disability (§ 12102)
• [ ] Plaintiff is otherwise qualified with or without accommodation
• [ ] Defendant had notice of disability and accommodation need
• [ ] Plaintiff requested a specific reasonable accommodation
• [ ] Defendant failed to accommodate or engage in good-faith interactive process
• [ ] Plaintiff suffered damages as proximate result

Count I alt — Denial of Equal Enjoyment (Title III), § 12182(a), (b)(2)(A)(ii):

• [ ] Plaintiff has a disability
• [ ] Defendant owns/operates a place of public accommodation
• [ ] Plaintiff requested reasonable policy/practice modification
• [ ] Modification would not fundamentally alter goods or services
• [ ] Defendant refused, denying full and equal access

Count II — Retaliation (if applicable), § 12203(a):

• [ ] Protected activity (accommodation request or opposition to discrimination)
• [ ] Adverse action by defendant
• [ ] Causal nexus

Count III — State disability discrimination (supplemental; cite applicable state statute)

7. Prayer for Relief

Title I: Reinstatement or front pay; back pay with prejudgment interest; compensatory damages (emotional distress); punitive damages if malice/reckless indifference shown; attorney's fees and costs (§ 12205); pre/post-judgment interest.

Title III (injunctive-focused): Permanent injunction requiring modification and ADA compliance; declaratory judgment; attorney's fees and costs (§ 12205).

Omit specific dollar amounts per FRCP 8(a)(3).

8. Jury Demand

"Plaintiff demands a trial by jury on all issues so triable." (FRCP 38(b))

Title III claims are equitable — no jury right. Limit or omit accordingly.

9. Signature Block

Per FRCP 11: date, attorney signature, name, bar number, state, firm, address, phone, email — "Attorney for Plaintiff." Add client verification if required by local rule.

Pitfalls and Checks

• ADAAA breadth: Construe "substantially limits" broadly; never concede a narrow disability definition
• Interactive process: Defendant's failure to engage creates independent liability even if plaintiff's preferred accommodation is unreasonable — plead separately. [VERIFY: circuit split on whether failure alone is actionable]
• Title I damages cap: Compensatory + punitive capped at $50K–$300K by employer size (§ 1981a(b)(3)); back pay excluded from cap
• State claims: FEHA, NYSHRL, and analogs provide broader coverage and uncapped damages — always plead supplemental state claims
• Twombly/Iqbal: Every element needs specific factual allegations raising plausibility; no conclusory recitations
• Medical privacy: Include only detail necessary to establish substantial limitation; avoid gratuitous medical disclosure
• Dual filing (Title I): Verify EEOC charge was dual-filed with state agency in deferral states to preserve state law claims