ADA Accessibility Claims

ADA Accessibility Claims Exhibit Guide

A practical guide to organizing evidence for ADA complaints about inaccessible businesses, websites, public accommodations, and workplace discrimination.

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Important: This guide is an informational resource prepared to the best of our knowledge and does not constitute legal advice for your specific situation. You remain responsible for all due diligence and ensuring that your filings conform to applicable court rules. For legal advice about your specific case, consult with a licensed attorney or your local court's self-help center.

ADA claims come down to proof that a barrier exists and that you were denied equal access. Under 42 U.S.C. section 12101, the Americans with Disabilities Act prohibits discrimination against people with disabilities in employment (Title I), government services (Title II), and public accommodations (Title III). The DOJ's regulations at 28 C.F.R. Part 36 spell out what businesses must do to remove architectural barriers and provide auxiliary aids. For web accessibility, the DOJ has pointed to WCAG 2.1 AA as the standard courts apply. Whether you are filing an EEOC charge over a workplace accommodation denial, complaining to the DOJ about a restaurant with no wheelchair ramp, or suing a company whose website is unusable with a screen reader, the evidence requirements overlap: document the barrier, document the denial, and document the impact on you.

Document Checklist

Understanding your ADA claim

Title I (employment)
Workplace accommodation denials, hiring discrimination, and termination based on disability -- filed with the EEOC
Title II (government services)
State and local government programs, buildings, and websites that are inaccessible to people with disabilities
Title III (public accommodations)
Private businesses, restaurants, hotels, retail stores, and websites that fail to remove barriers or provide auxiliary aids
Your specific barrier
Identify the exact barrier: a missing ramp, no captioning, a website that does not work with a screen reader, or a denied accommodation request
Applicable standard
ADA Accessibility Guidelines for physical barriers, WCAG 2.1 AA for websites, or the interactive process requirement for employment claims

Documenting barriers and denials

Photos of physical barriers
Photograph each barrier with measurements -- step height, doorway width, counter height, missing curb cuts
Video of access attempts
Record yourself attempting to enter or use the facility to show the barrier in real-world conditions
Written accommodation requests
Every request you made in writing, with dates and the specific accommodation asked for
Denial or non-response documentation
The employer or business response refusing your request, or proof they never responded
Website screenshots and audit reports
Screenshots of inaccessible elements, WCAG compliance scan results, and screen reader output logs

Medical and disability documentation

Proof of qualifying disability
Medical records establishing your disability under the ADA -- diagnosis, functional limitations, and duration
Doctor letters about needed accommodations
Letters from treating physicians specifying what accommodations you need and why
Assistive technology documentation
Records of the screen reader, wheelchair, hearing aid, or other assistive device you use
Impact statements
Your written description of how the barrier prevented you from accessing the service, job, or facility

Filing with DOJ or EEOC

ADA complaint to DOJ
Your filed complaint with the Department of Justice Civil Rights Division, including the acknowledgment letter
EEOC charge of discrimination
The charge form you filed with the Equal Employment Opportunity Commission for employment claims
Right to sue letter
The EEOC notice of right to sue, which you must receive before filing a federal lawsuit for Title I claims
State agency filings
Complaints filed with your state human rights commission or disability rights office
Correspondence with investigators
All letters, emails, and documents exchanged with DOJ or EEOC investigators during the process

Litigation and settlement evidence

Expert accessibility audit
A certified access specialist or web accessibility expert report documenting each violation against applicable standards
Comparable properties or websites
Evidence that similar businesses have removed the same type of barrier, showing it is readily achievable
Cost estimates for barrier removal
Quotes showing what it would cost to install a ramp, fix a website, or provide the accommodation
Prior complaints or lawsuits
Records showing the business was previously notified of accessibility problems and did nothing
Damages documentation
Out-of-pocket costs, lost wages, emotional distress records, and any other harm caused by the denial of access

Common Mistakes to Avoid

Don't make these errors

1Filing a complaint without first documenting the specific barrier with photos, measurements, or screenshots
2Requesting an accommodation verbally instead of in writing -- without a paper trail, it is your word against theirs
3Not knowing which ADA title applies to your situation (Title I for jobs, Title II for government, Title III for businesses)
4Missing the 180-day deadline to file an EEOC charge for employment discrimination (300 days if your state has a fair employment agency)
5Assuming a website accessibility claim requires physical harm -- denial of equal access to goods and services is the injury

Organization Tips

Pro tips for success

Start with proof of your disability and the specific accommodation or access you need
Follow with the barrier documentation: photos with measurements, website screenshots with WCAG violations highlighted, or the written accommodation denial
Put your accommodation request and the business or employer response side by side so the pattern is obvious
Include the EEOC charge or DOJ complaint next, followed by any investigator correspondence
End with expert reports and cost estimates that show barrier removal is readily achievable
For web accessibility claims, include both the automated scan results and manual testing notes from an actual screen reader user

Courtroom Preparation

Be prepared for your hearing

Know the specific ADA section and regulation that applies -- 42 U.S.C. section 12182 for public accommodations, 28 C.F.R. Part 36 for Title III regulations
For physical barriers, bring the measurements and compare them to the ADA Accessibility Guidelines (ADAAG) standards
For web claims, be ready to explain WCAG 2.1 AA in plain language -- what it requires and how the website fails to meet it
The business will argue that removal is not readily achievable. Have cost estimates ready to counter that argument.
If the employer claims undue hardship for a workplace accommodation, bring evidence of the company size, revenue, and what the accommodation actually costs
Bring enough copies of your exhibits for the judge, opposing counsel, and yourself
Stay focused on the specific barrier and the specific denial -- ADA cases are won on facts, not generalities

Frequently Asked Questions

What qualifies as a disability under the ADA?

Under 42 U.S.C. section 12102, a disability is a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. The ADA Amendments Act of 2008 broadened this definition significantly. Major life activities include walking, seeing, hearing, speaking, breathing, learning, working, and the operation of major bodily functions. Courts interpret disability broadly, so most conditions that meaningfully affect daily functioning qualify.

How do I file an ADA complaint with the DOJ?

You can file a complaint with the Department of Justice Civil Rights Division online at ada.gov, by mail, or by fax. Include your name and contact information, the name and address of the business or government entity, a description of the barrier, when it happened, and any supporting evidence (photos, correspondence). The DOJ investigates Title II and Title III complaints but does not handle employment claims -- those go to the EEOC.

What is the deadline for filing an ADA employment complaint?

You must file an EEOC charge within 180 days of the discriminatory act. If your state has a fair employment practices agency (most states do), the deadline extends to 300 days. After the EEOC investigation, you will receive a right-to-sue letter, and you then have 90 days to file a lawsuit in federal court. Missing these deadlines can bar your claim entirely.

Can I sue a business for an inaccessible website?

Yes. Federal courts have increasingly held that websites of public accommodations must be accessible under ADA Title III. The DOJ has referenced WCAG 2.1 AA as the applicable standard. You do not need to show physical harm -- being unable to independently use a website to access goods and services that non-disabled users can access is sufficient injury. Several circuit courts have ruled on this, and website accessibility lawsuits have increased from about 800 in 2017 to over 4,000 per year.

Are my medical records safe when using ExhibitPrep for ADA claims?

Yes. ExhibitPrep processes all files in your browser. Medical records documenting your disability, accommodation request letters, EEOC filings, and doctor letters about your functional limitations are never uploaded to any server. Your documents stay on your device from upload through download. This is important for ADA claimants handling sensitive medical diagnoses and employment records.

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