ThomasMoreAI ADA Failure to Accommodate Complaint
Generates a litigation-ready complaint under ADA Title I (employment) or Title III (public accommodations) for federal or state court. Determines applicable title from intake facts, structures numbered allegations to satisfy Twombly/Iqbal plausibility, and produces a complete pleading with causes of action and prayer for relief.
Intake Checklist
Gather before drafting:
- Plaintiff name, state of residence
- Disability: diagnosis, functional limitations, treating provider
- Accommodation request: date, form (oral/written), recipient, specific accommodation, medical documentation submitted
- Defendant response: denial letter, non-response timeline, or interactive process failure evidence
- Title I only: job description, hire date, performance reviews, adverse action date/reason
- Title I only: EEOC charge number, filing date, Right to Sue date, receipt date
- Damages: pay stubs, W-2s, benefits records, therapy/treatment records
Complaint Structure
Draft the following sections in order:
1. Caption
Court name/division; plaintiff as "an individual with a disability"; defendant by full legal name; title: COMPLAINT FOR FAILURE TO PROVIDE REASONABLE ACCOMMODATION UNDER THE AMERICANS WITH DISABILITIES ACT; case number placeholder.
2. Nature of Action
2–4 sentences: title invoked → plaintiff's disability and limitation → accommodation requested → defendant's refusal or process failure → resulting harm.
3. Parties
Plaintiff: Name; residence state; disability status under 42 U.S.C. § 12102 (impairment / record of / regarded as); relationship with defendant.
Defendant (Title I): Legal name; business form; principal place of business; 15+ employees for 20+ weeks in current or preceding calendar year.
Defendant (Title III): Legal name; owns/leases/operates place of public accommodation; category under § 12181(7).
4. Jurisdiction and Venue
| Basis | Citation |
|---|---|
| Federal question | 28 U.S.C. § 1331 |
| Title I | 42 U.S.C. § 12117(a) |
| Title III | 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 — mandatory):
- Charge filed within 300 days (deferral state) or 180 days (non-deferral)
- Complaint filed within 90 days of Right to Sue receipt per § 2000e-5(f)(1)
- Attach Right to Sue letter as Exhibit A
5. Factual Allegations
Numbered paragraphs, chronological:
- Disability — impairment; how it substantially limits a major life activity per ADAAA; documentation provided to defendant
- Qualification — position, essential functions, performance history establishing "otherwise qualified"
- Accommodation request — date, form, recipient, content; medical documentation submitted
- Interactive process failure — no meeting, no questions about limitations, no alternatives proposed, no good-faith engagement
- Denial and rebuttal — defendant's reason(s) and rebuttal:
- Undue hardship: low cost vs. resources; tax credits; minimal operational impact (§ 12111(10)(B))
- Not qualified: performance record; prior success with informal accommodation
- Fundamental alteration: modification does not alter core service/function
- Adverse action — date, type (termination/demotion/denial of access/constructive discharge), stated reason
- Damages — lost wages, benefits, out-of-pocket costs, emotional distress with treatment records
- Malice/reckless indifference (if punitive damages sought) — pattern of discrimination, ignored counsel advice, animus statements
6. Causes of Action
Count I — Failure to Accommodate (Title I), § 12112(a), (b)(5)(A):
- Plaintiff has a disability (§ 12102)
- Plaintiff is otherwise qualified with or without accommodation
- Defendant had notice of disability and accommodation need
- Plaintiff requested a specific reasonable accommodation
- Defendant failed to accommodate or engage in good-faith interactive process
- Plaintiff suffered damages as proximate result
Count I alt — Denial of Equal Enjoyment (Title III), § 12182(a), (b)(2)(A)(ii):
- Plaintiff has a disability
- Defendant owns/operates a place of public accommodation
- Plaintiff requested reasonable policy/practice modification
- Modification would not fundamentally alter goods or services
- Defendant refused, denying full and equal access
Count II — Retaliation (if applicable), § 12203(a):
- Protected activity (accommodation request or opposition to discrimination)
- Adverse action by defendant
- Causal nexus
Count III — State disability discrimination (supplemental; cite applicable state statute)
7. Prayer for Relief
Title I: Reinstatement or front pay; back pay with prejudgment interest; compensatory damages (emotional distress); punitive damages if malice/reckless indifference shown; attorney's fees and costs (§ 12205); pre/post-judgment interest.
Title III (injunctive-focused): Permanent injunction requiring modification and ADA compliance; declaratory judgment; attorney's fees and costs (§ 12205).
Omit specific dollar amounts per FRCP 8(a)(3).
8. Jury Demand
"Plaintiff demands a trial by jury on all issues so triable." (FRCP 38(b))
Title III claims are equitable — no jury right. Limit or omit accordingly.
9. Signature Block
Per FRCP 11: date, attorney signature, name, bar number, state, firm, address, phone, email — "Attorney for Plaintiff." Add client verification if required by local rule.
Pitfalls and Checks
- ADAAA breadth: Construe "substantially limits" broadly; never concede a narrow disability definition
- Interactive process: Defendant's failure to engage creates independent liability even if plaintiff's preferred accommodation is unreasonable — plead separately. [VERIFY: circuit split on whether failure alone is actionable]
- Title I damages cap: Compensatory + punitive capped at $50K–$300K by employer size (§ 1981a(b)(3)); back pay excluded from cap
- State claims: FEHA, NYSHRL, and analogs provide broader coverage and uncapped damages — always plead supplemental state claims
- Twombly/Iqbal: Every element needs specific factual allegations raising plausibility; no conclusory recitations
- Medical privacy: Include only detail necessary to establish substantial limitation; avoid gratuitous medical disclosure
- Dual filing (Title I): Verify EEOC charge was dual-filed with state agency in deferral states to preserve state law claims