What steps do I have to take to protect my right to sue for damages under the Americans with Disabilities Act?

A. In Illinois, you must file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) within 300 days of the alleged act of discrimination.

  • If the EEOC fails to reach a finding within 180 days of filing a charge, you must request that a “Notice of Right to Sue” be issued.
  • A lawsuit claiming discrimination under the ADA must be filed within 90 days of the issuance of the “Right to Sue” letter from the EEOC.

IMPORTANT NOTE: Procedures and filing requirements vary from state to state. Failure to follow the required time periods may cause you to lose your rights to seek a remedy for disability discrimination under the ADA.