ada-failure-to-accommodate-complaint

# ADA Failure to Accommodate Complaint

Drafts a federal complaint for ADA failure-to-accommodate claims under Title I (employment) or Title III (public accommodations). Structures all required sections to satisfy Twombly/Iqbal plausibility.

## Prerequisites

Gather before drafting:

- **Client** — full legal name, address, state of residence
- **Disability** — diagnosis, functional limitations, treating provider
- **Accommodation request** — date, form (oral/written), recipient, exact accommodation sought, supporting medical docs submitted
- **Defendant** — legal name, business form, principal place of business, employee count (Title I: ≥ 15 for ≥ 20 calendar weeks)
- **Adverse action** — termination, demotion, denial of access, or constructive discharge with dates and stated reasons
- **EEOC record** (Title I only) — charge number, filing date, Right to Sue letter with issue date
- **Damages** — lost wages (start date), lost benefits, out-of-pocket costs, emotional distress treatment records

## Complaint Structure

### Caption & Header

- Court name and division; full party names; plaintiff identified as "an individual with a disability"
- Title: `COMPLAINT FOR FAILURE TO PROVIDE REASONABLE ACCOMMODATION UNDER THE AMERICANS WITH DISABILITIES ACT`

### I. Nature of the Action

2–4 sentences: statute invoked (Title I or III, 42 U.S.C. § 12101 et seq.), plaintiff's disability and limitation, accommodation denied, harm suffered.

### II. Parties

| Party | Allege |
|-------|--------|
| Plaintiff | Name, residence, disability status under § 12102 |
| Defendant (Title I) | Legal name, business form, ≥ 15 employees for ≥ 20 weeks — § 12111(5) |
| Defendant (Title III) | Owns/operates place of public accommodation — § 12181(7) category |

### III. Jurisdiction & Venue

| Basis | Citation |
|-------|----------|
| Federal question | 28 U.S.C. § 1331 |
| Title I enforcement | 42 U.S.C. § 12117(a) |
| Title III enforcement | 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 — plead all three):**
1. Charge timely filed within 300 days (deferral) or 180 days (non-deferral)
2. Right to Sue issued on [date]
3. Complaint filed within 90 days of receipt — § 2000e-5(f)(1)
4. Attach Right to Sue letter as Exhibit A

### IV. Factual Allegations

Draft numbered paragraphs in chronological order:

1. **Disability** — impairment type; substantially limits major life activities per § 12102; reference medical documentation
2. **Qualified individual** — education, experience, performance; essential functions performed with/without accommodation
3. **Accommodation request** — date, form, recipient, precise accommodation, medical docs submitted
4. **Interactive process failure** — defendant failed to respond, refused to meet, proposed no alternatives, acted in bad faith
5. **Denial and adverse action** — quote denial verbatim if available; date and stated reasons for termination/demotion/exclusion
6. **Rebuttal of undue hardship** — low cost, defendant's resources, tax credits available, comparable accommodations given to others
7. **Damages** — lost wages, benefits, out-of-pocket costs, emotional distress with treatment history
8. **Punitive damages basis** (if applicable) — pattern of discrimination, deliberate indifference, discriminatory animus

### V. Causes of Action

**Count I — Title I Failure to Accommodate, § 12112(a) & (b)(5)(A):**
- [ ] Plaintiff has a disability under § 12102
- [ ] Plaintiff is qualified to perform essential functions with/without accommodation
- [ ] Defendant had notice of disability and need for accommodation
- [ ] Plaintiff requested reasonable accommodation
- [ ] Defendant failed to accommodate or engage in interactive process
- [ ] Plaintiff suffered damages as proximate result

**Count II — Title III Failure to Modify (if applicable), § 12182(a) & (b)(2)(A)(ii):**
- [ ] Plaintiff has a disability
- [ ] Defendant operates a place of public accommodation
- [ ] Plaintiff sought access to goods, services, or facilities
- [ ] Plaintiff requested reasonable modification for equal access
- [ ] Modification would not fundamentally alter services
- [ ] Defendant refused, denying full and equal enjoyment

**Count III — Retaliation (if applicable), § 12203(a):**
- [ ] Protected activity (accommodation request or opposition to discrimination)
- [ ] Adverse action by defendant
- [ ] Causal connection

**Count IV — State law (if applicable):**
Cite state statute; allege same operative facts; assert supplemental jurisdiction under 28 U.S.C. § 1367(a).

### VI. Prayer for Relief

**Title I:** Reinstatement or front pay; back pay with prejudgment interest; compensatory damages; punitive damages; attorney's fees (§ 12205); pre/post-judgment interest.

**Title III:** Permanent injunction; declaratory judgment; compensatory damages to extent permitted (supplement with state claims); attorney's fees (§ 12205).

Do not plead specific dollar amounts in federal court — FRCP 8(a)(3).

### VII. Jury Demand

"Plaintiff demands a trial by jury on all issues so triable." — FRCP 38(b). Omit for Title III-only complaints seeking primarily injunctive relief.

### VIII. Signature Block

Date, attorney signature (per local ECF rules), bar number, firm name, address, phone, email. "Attorney for Plaintiff." Include plaintiff verification under penalty of perjury if required by local rules.

## Pitfalls and Checks

- **Twombly/Iqbal** — all allegations must be factual and specific, not conclusory; right to relief must be plausible on its face
- **ADAAA (2008)** — construe "disability" broadly; "substantially limits" is a lower threshold post-amendment; cite 29 C.F.R. Part 1630
- **Do not conflate remedial schemes** — Title I allows compensatory and punitive damages; Title III is primarily injunctive
- **Interactive process** — failure to engage is independently actionable in most circuits; plead explicitly
- **Undue hardship** — defendant's burden to prove, but preemptively plead facts making hardship implausible
- **EEOC timing** — verify charge dates and Right to Sue receipt date precisely; miscalculation is fatal
- **FRCP 11** — verify all factual contentions have evidentiary support before filing
- **Exhibits** — attach Right to Sue letter; consider attaching accommodation request and written denial