A letter, a lawsuit, or a charge just landed on your desk accusing your business of an accessibility or disability problem, and your pulse is up. Take a breath: most ADA complaints are resolved without disaster, and how you respond in the first week matters more than the complaint itself. The single most important move right now is to figure out which kind of ADA complaint this is, because the rules, the agencies, and the money on the line are completely different depending on the answer.
There are really two worlds here. One is a customer or visitor saying your premises (or your website) keeps them out — that is ADA Title III, public accommodations. The other is an employee or job applicant saying you discriminated or refused an accommodation — that is ADA Title I, employment. Both are federal. On top of either, Missouri's own Human Rights Act (RSMo Chapter 213) can add a parallel state claim. So before you do anything, read the complaint closely and sort it into the right bucket. The one thing you should not do is ignore it — and you must never retaliate against whoever filed it.
First, figure out which kind of complaint this is
The fastest way to calm down is to know what you're actually dealing with. Look at who complained and what they want.
- A customer says your store, restaurant, or building isn't accessible — a step at the door, no accessible parking, a too-narrow restroom. That's Title III (42 U.S.C. § 12181 et seq.).
- Someone says your website or app can't be used with a screen reader — also Title III, and one of the fastest-growing complaint types.
- An employee or applicant says they were denied a reasonable accommodation, or treated worse because of a disability — that's Title I (42 U.S.C. § 12101 et seq.), and it usually arrives as an EEOC charge or an MCHR complaint, not a lawsuit out of the gate.
Sorting this correctly is the whole ballgame, because the remedies and the procedure diverge sharply from here.
If it's a Title III public-accommodations complaint
This is the classic "drive-by" or serial-plaintiff scenario — sometimes the same plaintiff and lawyer have filed many similar suits. Here's the part that reframes everything: under federal Title III, a private plaintiff generally cannot recover money damages from you. The remedies are injunctive relief — meaning you fix the barrier — plus the plaintiff's attorney's fees. That fee provision is what drives the entire settlement dynamic, because the longer it drags on, the bigger the fee demand grows.
Your duty under Title III is to remove access barriers where doing so is "readily achievable" — easily accomplishable without much difficulty or expense, judged against your business's size and resources. So your practical path is usually:
- Identify the specific barrier the complaint names — the exact step, door, parking stripe, or website feature.
- Get an accessibility assessment. Bring in a qualified accessibility consultant or ADA expert to confirm what's wrong and what a fix costs. For a website, that means measuring against WCAG (the widely used accessibility guidelines, commonly the AA level).
- Remediate what's readily achievable, and document it. Fix the ramp, restripe the lot, add the alt text, and keep dated photos and invoices. Demonstrating you've already cured the barrier removes the plaintiff's leverage.
- Talk to counsel about the settlement math. Because the money at stake is attorney's fees, not damages, a quick, documented fix often resolves the matter far more cheaply than fighting.
If it's a Title I employment complaint
A disability complaint from an employee or applicant runs on an entirely different track. Federal employment claims go through the EEOC, and Missouri claims through the Missouri Commission on Human Rights (MCHR) — a charge is often dual-filed with both. You generally cannot be sued directly until that agency process plays out and a right-to-sue letter issues.
What you should do when an EEOC charge or MCHR complaint arrives:
- Preserve everything. Lock down the employee's file, emails, accommodation requests, performance records, and any related correspondence. Do not delete or "clean up" anything.
- Respond through the process. You'll receive a charge with a deadline to file a position statement. Meet it. The agency may also offer mediation.
- Revisit the interactive process. If the complaint is about a denied accommodation, look hard at whether the interactive process — the good-faith back-and-forth about an effective accommodation — actually happened. Failing to engage is itself a common source of liability.
- Absolutely no retaliation. Don't change the person's schedule, pay, or duties because they complained. Retaliation is a separate violation and is often easier to prove than the original claim.
Don't assume "no damages" — Missouri's MHRA can change the math
It's tempting to relax once you hear that Title III plaintiffs can't get money damages. Be careful: that's a federal rule, and Missouri law overlays its own claims.
The Missouri Human Rights Act (RSMo Chapter 213) independently prohibits disability discrimination in both employment and public accommodations, and — unlike federal Title III — state law may allow monetary damages (subject to Missouri's statutory caps). So a complaint that looks like a fee-only matter under federal law can carry a damages claim under state law. Keep the two laws separate in your head: federal ADA sets the floor, and the MHRA can reach further on remedies.
Because the deadlines, agencies, and remedies differ between the federal and state systems — and an MHRA charge has its own short filing window — this is exactly the moment to get a Missouri attorney to confirm which claims you're actually facing.
How to protect yourself going forward
Whatever the complaint, the same habits reduce your exposure and strengthen your defense.
- Respond fast. Every one of these tracks has deadlines, and missing one can forfeit your best arguments.
- Fix and document. Whether it's a ramp or an accommodation, the record of what you did and when is your strongest evidence.
- Audit proactively. A barrier you've already removed can't be the basis of a winning Title III suit. The same logic applies to a documented accommodation process under Title I.
- Loop in counsel early. The cost of a short consultation is small next to a fee award or a damages verdict.
Frequently Asked Questions
How do I tell which kind of ADA complaint I have?
Look at who filed it. A customer or visitor complaining about your building or website is Title III (public accommodations). An employee or applicant complaining about discrimination or a denied accommodation is Title I (employment), which usually arrives as an EEOC or MCHR charge. The rules, agencies, and remedies differ sharply between the two.
Can a customer get money damages from me under the ADA?
Generally no, not under federal Title III. A private plaintiff there can win injunctive relief (you fix the barrier) plus their attorney's fees — that fee provision is what drives most settlements. But Missouri's MHRA (RSMo Chapter 213) may allow monetary damages, subject to state caps, so don't assume "no damages" across the board.
What does "readily achievable" mean for fixing a barrier?
Under Title III (42 U.S.C. § 12181 et seq.), you must remove barriers in existing buildings where doing so is readily achievable — easily accomplishable without much difficulty or expense, measured against your business's size and resources. A small ramp or restriped parking usually qualifies; an expensive structural retrofit may not, though alternative methods may still be expected.
What should I do first when an EEOC or MCHR charge arrives?
Preserve all records, meet the deadline to file your position statement, and do not retaliate against the person who complained. If it's an accommodation complaint, review whether the interactive process actually happened. Federal claims run through the EEOC and Missouri claims through the MCHR, often dual-filed.
Is my business website really covered by the ADA?
Increasingly, yes. Courts often treat the websites of public accommodations as subject to Title III, especially when the site connects to a physical business. With no single federal coding rule, courts and settlements generally use WCAG (commonly the AA level) as the benchmark, so a website complaint is handled much like a physical-barrier one — assess, remediate, and document.
Should I just settle, or fight it?
That's a counsel call, but the math matters. Because Title III exposure is largely attorney's fees, a prompt, documented fix often resolves it cheaply, while fighting can grow the fee demand. Where a Missouri MHRA claim adds potential damages, the calculus changes — which is why confirming exactly which claims you face comes first.
Legal Disclaimer
This guide provides general legal information about the federal Americans with Disabilities Act and Missouri law and is not legal advice. It does not create an attorney-client relationship. Whether a barrier is readily achievable, which deadlines apply, and what remedies are available depend on your specific facts and the type of complaint; website-accessibility law in particular is still evolving. Consult a qualified Missouri attorney before acting on your situation.