Employment Discrimination and the ADA: A Study of the Administrative Complaint Process

This article presents findings from the first in-depth study of bow the employment discrimination charge process, mandated under Title I of the Americans with Disabilities Act (ADA), is working. After briefly summarizing quantitative findings related to the nationwide experience of ADA complainants, the article provides a mostly qualitative examination of bow the charge process works within five U.S. Equal Employment Opportunity Commission (EEOC) offices. It points out that many charges filed with the EEOC under the ADA are given extensive and well-thought-out investigations. It explores numerous problems that have taken their toll on charge processing: understaffing, insufficient investigative time, inadequate travel and training funds, and several recently discontinued administrative policies of the EEOC.