Employment Law Questions? Ask an Employment Lawyer.
Unfortunately, it is too late to file an ADA based EEOC action. The Americans with Disabilities Act (ADA) prevents discrimination against someone based on their disability. When the discrimination takes place in the work setting (as was the case here), the person aggrieved can file a claim with the EEOC. The EEOC will investigate the matter and if they find merit, will allow the person to sue in federal court for breach of their constitutional and statutory rights.
However, there is a statutory time period in which a claim of this nature has to be brought. That period of time is 180 days from the date of the last discriminatory action by the employer. Based on what you have shared with me, we are well past that period of time.
I wish I had better news for you here as this is certainly an injustice.
Let me know if you have any other questions or comments. Please also rate my answer positively (three or more stars) so I can receive credit for my work.
Just checking in to see if you had any additional questions or comments. I want you to be as comfortable as possible as you move forward. Thanks