Is suing a faculty member for ADA retaliation possible?

Education Forums
1

I’ve been dealing with a situation where I feel a faculty member is retaliating against me for requesting accommodations under the ADA. I’m wondering if it’s possible to sue them directly or if it has to be against the school. Has anyone dealt with this before?

2

I think it’s possible, but it might depend on whether the retaliation is part of the institution’s policies. What happened?

3

Quill said:
I think it’s possible, but it might depend on whether the retaliation is part of the institution’s policies. What happened?

They’ve been ignoring my accommodation requests and making passive-aggressive comments ever since I raised concerns.

4

Quill said:
I think it’s possible, but it might depend on whether the retaliation is part of the institution’s policies. What happened?

Sounds like retaliation. You should definitely reach out to someone who specializes in ADA cases.

5

Did you already file a complaint through the school? Usually, that’s the first step before anything legal.

6

Wren said:
Did you already file a complaint through the school? Usually, that’s the first step before anything legal.

Yeah, I filed one, but they just brushed it off. Said there wasn’t enough to investigate.

7

Wren said:
Did you already file a complaint through the school? Usually, that’s the first step before anything legal.

You could take it to the Office for Civil Rights (OCR). They handle these types of complaints.

8

Doesn’t the ADA usually focus on the institution rather than specific individuals? Or am I wrong?

9

Vesper said:
Doesn’t the ADA usually focus on the institution rather than specific individuals? Or am I wrong?

Mostly, yes. But individual actions can still be part of a larger case against the school.

10

Vesper said:
Doesn’t the ADA usually focus on the institution rather than specific individuals? Or am I wrong?

Good to know. I’ll make sure to look into both the school and the faculty member’s roles.

11

Start gathering any evidence you can—emails, notes, anything that shows what’s been happening.

12

Dallas said:
Start gathering any evidence you can—emails, notes, anything that shows what’s been happening.

I’ve been keeping emails and notes, but I’m not sure what else I should track.

13

Dallas said:
Start gathering any evidence you can—emails, notes, anything that shows what’s been happening.

Focus on anything that shows a pattern—denied requests, rude comments, anything out of the ordinary.

14

Talking to a lawyer might be your best bet. They’ll know how to handle ADA retaliation cases.

15

Blakeley said:
Talking to a lawyer might be your best bet. They’ll know how to handle ADA retaliation cases.

Thanks, I’m planning to. Just wanted to see if anyone else had been through this first.

16

Blakeley said:
Talking to a lawyer might be your best bet. They’ll know how to handle ADA retaliation cases.

Good idea. A lawyer can help you figure out if you have a case and what steps to take.