ADA Complaint Process Explained By Our ADA Lawyer
ADA Attorney Defending Employers Like You
If you run a private business or are in charge of a branch of a local government,
you must be aware of and prepared for any
Americans with Disabilities Act (ADA) lawsuits that could be brought against you and your company. Even if you are entirely
confident that you, your business, and your employees have not committed
any ADA violations, people retain the right to file an ADA complaint against
you, which can cost you in time and frustrations. If there is a chance
that a discrepancy could have happened, the issues you may face will be
even more severe, time-consuming, and may cost you financially if you
are penalized for the infraction.
To resolve the matter as soon as possible, or to prevent such a lawsuit
from happening, you will want to take two steps. Firstly, you should familiarize
yourself with the ADA complaint process; secondly, you should work with
one of the nation’s most-widely-recognized ADA
attorneys, Mr. Nolan Klein of the Law Offices of Nolan Klein. For years, our firm
has been providing reliable ADA defense to clients in need.
Let’s chat about your legal options during a
free, no-obligation case evaluation today.
ADA Complaint Process – Questions & Answers
Who can file an ADA complaint?
Anyone who believes they have been discriminated against by any entity
covered by the ADA has the right to file an ADA complaint with the Disability
Rights Section (DRS), which is a branch of the Department of Justice (DOJ).
Complaints can be filed electronically online, sent through traditional
mail or fax services, or even completed via telephone with assistant scribes.
What information is included in an ADA complaint?
Other than personal identifying information, a complainant has the latitude
to describe the “discriminatory event” in as many or as few
words as they wish. This can put you at an early disadvantage as they
have as much time as they wish to craft their story but you will only
have a certain amount of time to defend yourself.
What will happen when someone files a complaint against me?
The DRS can take a complaint against you and send it down one of many
avenues. In about three months, they may choose to investigate it themselves,
refer it to another agency or United States Attorney’s Office for
investigation, turn to the
ADA Mediation Program, or push for litigation through the DOJ. In rare cases, the DRS may choose
to do nothing with the complaint; you should not rely on this outcome
and should instead always prepare to defend yourself and your business.
Will the DRS knock on my door if they investigate a complaint against me?
If an ADA complaint filed against you is found to hold some merit, you
may or may not even get a chance to talk to the DRS. In standalone cases,
they will likely come to investigate your workplace to get your side of
the story. It should be noted that the DRS are not attorneys who represent
the plaintiff – they are merely there to investigate the matter
to see if litigation or settlement is required. The DRS may choose to
not investigate if they have received multiple similar complaints that they
believe already act as evidence enough to call for litigation.
Will I know who filed an ADA complaint against me?
Unless the personal information of the complainant is absolutely critical
to the case, you will probably not be told who filed the ADA complaint
against you and your business. This can make it particularly difficult
for you to prepare a case in your defense without the help of a professional
ADA defense lawyer.
Call 877.253.5406 to Protect Your Own Rights
After you are notified that someone has filed an ADA complaint against
you, it is understandable if you feel anxious as the process plays out.
To relieve stress and bring power back to your side of the issue,
contact our ADA attorney as soon as you can. The more you have prepared ahead of time before the
DRS investigates you, the better your chances of showing them why the
complaint should not be taken to litigation or settlement. If the DRS
cannot be swayed, you will already have a head start on preparing your
defense case. Either way, taking the initiative is key to your success.
Learn why our
past clients rate us so highly during a
free consultation today.