What must a plaintiff do before filing a lawsuit for disability discrimination under the ADA?

Before filing a lawsuit for disability discrimination under the Americans with Disabilities Act (ADA), a plaintiff is required to file a claim with the Equal Employment Opportunity Commission (EEOC). This step is essential because the ADA mandates that individuals must first exhaust administrative remedies before pursuing a legal action in court.

The EEOC acts as a federal agency that enforces laws prohibiting employment discrimination. Once a claim is filed, the EEOC investigates the allegations and attempts to mediate a resolution between the parties. If the EEOC finds insufficient evidence to support the claim or if a resolution cannot be reached, it will issue a right-to-sue letter, which allows the plaintiff to proceed with a lawsuit in federal or state court.

Engaging with the EEOC not only fulfills the legal requirement but also serves to gather evidence and support for the plaintiff's case, potentially leading to a settlement that avoids litigation altogether. Therefore, initiating the process through the EEOC is a critical first step in pursuing a claim of disability discrimination.