Who Can File a Complaint?
Anyone who believes disability discrimination has occurred can file a complaint. You don't need a lawyer to file. You can file on your own behalf, or someone can file for you — a family member, friend, or advocate.
You also don't need to be the person who was discriminated against. For example, if you witnessed a restaurant refusing to serve someone with a guide dog, you could file a complaint about that.
Official Standard
28 CFR §35.170(a)
"Any person who believes that he or she or a specific class of persons has been subjected to discrimination on the basis of disability by a public entity may, by himself or herself or by an authorized representative, file a complaint."
Where to File
Where you file depends on the type of discrimination:
- Job discrimination (Title I) — File with the EEOC. You must file before you can sue your employer.
- Government services (Title II) — File with the Department of Justice (DOJ) or the specific federal agency that funds the program.
- Businesses and public places (Title III) — File with the DOJ. This includes restaurants, stores, hotels, doctor's offices, and theaters.
Official Standard
Filing Destinations by Title
Title I (Employment): U.S. Equal Employment Opportunity Commission (EEOC) — must file within 180 days (or 300 days in states with anti-discrimination agencies).
Title II (Government): U.S. Department of Justice, Civil Rights Division, or the relevant federal agency.
Title III (Businesses): U.S. Department of Justice via ADA.gov or by mail.
DOJ Complaint Process: Step by Step
Here's what happens when you file a complaint with the Department of Justice:
28 CFR §35.170–35.178
The DOJ's complaint procedures for Title II are outlined in 28 CFR §35.170 through §35.178. For Title III complaints, the DOJ has authority under 42 U.S.C. §12188(b) to investigate and bring civil actions.
What to Include in Your Complaint
A strong complaint includes:
- Your name and contact information (the DOJ will keep it confidential if you ask)
- The name and location of the business, agency, or organization that discriminated
- A description of what happened — be specific about dates, barriers, and what you were denied access to
- How your disability was affected — what you couldn't do because of the barrier
- Any evidence — photos, correspondence, or names of witnesses
For example: "On January 15, 2025, I visited ABC Restaurant at 123 Main St, Phoenix, AZ. The only entrance had three steps and no ramp. I use a wheelchair and could not enter the building. I asked the manager for help and was told there was no other way in."
Timeline and Deadlines
File as soon as possible. For Title I (employment) complaints, you have either 180 or 300 days, depending on your state. For Title II (government), the DOJ deadline is 180 days from the incident, though extensions are sometimes granted.
For Title III (businesses), there's no single federal deadline, but waiting too long can hurt your case. State statutes of limitations vary, so it's best to act quickly.
After filing, the DOJ process can take months or even years. You don't need to wait for the DOJ to resolve your complaint before filing a private lawsuit.
Official Standard
Statute of Limitations
Title I (EEOC): 180 days from the discriminatory act (300 days in states with fair employment agencies).
Title II (DOJ): 180 days from the discriminatory act (28 CFR §35.170(b)). Agencies may extend for good cause.
Title III (Private lawsuit): Varies by state; no specific federal statute of limitations. State personal injury or civil rights statutes typically apply (1–6 years).
File Your DOJ Complaint Online
The fastest way to file is through the DOJ's online form:
You can also file by mail:
U.S. Department of Justice
Civil Rights Division
Disability Rights Section — 1425 NYA
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530
Important Note
This guide is for informational purposes only. Filing a DOJ complaint does not create an attorney-client relationship. For advice about your specific situation, connect with an experienced ADA attorney.
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What to Include in Your Complaint
A complaint goes further when it has details. Include:
- Your name and contact information, or the authorized representative's
- The name and address of the business, agency, or organization involved
- What happened, as specifically as you can describe it
- The date, or approximate date, it happened
- Names of anyone else involved or who witnessed it
- Any evidence you have, such as photos, emails, or letters
You don't need a complete case file. A clear, honest account of what happened is the starting point.
Timelines and Deadlines
Deadlines depend on which title applies, so check which one fits your situation.
- Title I (employment): generally 180 days from the discrimination, or 300 days in states with their own anti-discrimination agency. Check this against the Standards Guide.
- Title II (government services) and Title III (businesses and public places): DOJ complaints should generally be filed within 180 days, though the DOJ may still accept a complaint later. Waiting can make a complaint harder to support with evidence.
If you're not sure which title covers your situation, the Standards Guide walks through how the ADA is structured across titles.
After You File
Once the DOJ has your complaint, it decides whether to investigate. Not every complaint leads to one. The DOJ generally prioritizes complaints that show a pattern of discrimination or a broad impact, rather than a single isolated incident. That doesn't mean a single incident doesn't matter. It means your individual complaint may be handled differently than one pointing to a wider pattern.
Filing a DOJ complaint is one path. Working with an ADA attorney is another, and the two aren't mutually exclusive. If you want to talk through your specific situation with someone, you can find an ADA attorney in our network.
If You're Not Sure a Complaint Is the Right Step
This page explains the filing process. It doesn't tell you whether what happened to you is an ADA violation or whether a complaint will lead anywhere. That depends on the facts. If you hit a barrier at a specific place, like a step, a narrow door, or a counter you couldn't reach, you can get a free read on it by getting a free Spot read of a photo first. That can help you describe the barrier more clearly if you do decide to file.