I’ll give you the “lawyer answer” – it depends. All people who meet the ADA definition of disability are covered by the ADA in general, but they still may not have rights under particular sections of the ADA. For example, there is a section of the ADA that deals only with employment discrimination. If a person with a disability is not employed and is not seeking employment, then that person would not necessarily be covered by that part of the ADA, although the person would be covered by other parts of the ADA.

Sure. A man, who is in line for a promotion, has a history of cancer treatment, although he is now free of cancer. He is not given the promotion because his bosses are worried that, if his cancer returns, he won’t be able to do the job. He does not, at this point, meet the first part of the definition of disability because he does not have a physical or mental impairment that substantially limits one or more major life activities. However, based on his “record of” a disability, he is being discriminated against.

An employee with a disability who has been granted medical leave under the ADA may return to the same job unless the employer demonstrates that holding the job open would cause undue hardship to the business or organization.  If an employer has the reasonable belief that an employee will be unable to continue performing essential job functions, or will pose a significant risk to the health or safety of him/herself or other employees due to a medical condition, the employer may make disability-related inquiries or require the employee to have a medical examination. Any inquiry or examination must be limited to what is needed to assess the employee's ability to work. The employer may not use the employee's leave as a justification for making unrelated inquiries or requiring an unrelated medical examination.

An employee may have also been granted medical leave under the Family Medical Leave Act (FMLA). In this case, an employee has a right to return to the same or similar job after his/her leave has expired.  The FMLA allows employers to require a return-to-work certification from a health provider for all medical leaves, as long as the same requirement is applied to all employees with similar job positions who are returning from leave, not just those on FMLA leave.

The FMLA and the ADA both require a covered employer to grant medical leave to an employee in certain circumstances. For more information go to: http://www.eeoc.gov/policy/docs/fmlaada.html. 

The Regional ADA Centers do not provide direct attorney referrals.  The National Disability Rights Network (NDRN) is the nonprofit membership organization for the federally mandated Protection and Advocacy (P&A) Systems and Client Assistance Programs (CAP).  There is a P&A/CAP agency in every state and U.S. territory as well as one serving the Native American population in the four corners region.  Collectively, the P&A/CAP network is the largest provider of legally based advocacy services to people with disabilities in the United States.  To find your local Protection and Advocacy agency and Client Assistance Program in each state, go to - http://www.napas.org/en/ndrn-member-agencies.html . 

Your state or local bar association may also provide a good starting point in the search for legal advice or representation.  To find your local bar association, go to  http://www.americanbar.org/groups/bar_services/resources/state_local_bar_associations.html, or call 1-800-285-2221

If you feel that you or another person has been discriminated against by an entity covered by either Title II or III of the ADA, you may file a complaint with the U.S. Department of Justice, Disability Rights Section. Title II covers state and local government entities and Title III public accommodations and commercial facilities.  Public accommodations are businesses that provide goods or services for the public. 

Complaints concerning discrimination in employment, often referred to as Title I complaints, should be addressed by the U.S. Equal Employment Opportunity Commission (EEOC) and/or the agency responsible for enforcing state laws against employment discrimination.  The EEOC process for filing a charge of employment discrimination may be found at: http://www.eeoc.gov/employees/howtofile.cfm.

Title II and III complaints may be sent by e-mail. Since letters and packages sent to the Disability Rights Section by U.S. Mail or other delivery service are delayed for security screening, using e-mail is the quickest way of filing a complaint. E-mail complaints also receive an immediate reply confirming that they have been received. Remember that there can be no guarantee of privacy when you send an e-mail.

The most important part of filing a Title II and III complaint is ensuring that you provide the Department of Justice with the following information:

• Your full name, address, email, the telephone numbers where we can reach you during the day and evening, and the name of the party discriminated against (if known);
• The name and address of the business, organization, institution, or person that you believe has discriminated;
• A brief description of the acts of discrimination, the dates they occurred, and the names of individuals involved;
• Other information that you believe necessary to support your complaint, including copies of relevant documents (not originals); and
• Provide the Department of Justice with the information needed to ensure that they communicate with you effectively. Please let the Department know if you need to receive written communications in a specific format, such as large print, Braille, e-mail, or audio recording, or if you need to receive oral communications by video phone or TTY.

To ensure that all necessary information is provided, you may use this ADA Title II complaint form (http://www.ada.gov/t2cmpfrm.htm), which can be used for any Title II or III ADA complaint.  Additional advice and instructions for filing a Title III complaint can be found at: http://www.ada.gov/t3compfm.htm.

Include all of the information listed above, either in the body of the email or in an attachment to your e-mail. Please attach any relevant documents to your e-mail.

Send your complaint to the following e-mail address: ada.complaint@usdoj.gov.

You will receive an automatic reply e-mail confirming that your complaint has been received. Please keep a copy of your complaint and the reply e-mail for your records. If you do not receive a reply email, you may have sent your complaint to the wrong e-mail address.

The Department of Justice, Disability Rights Section accepts complaints sent by regular mail but receiving the complaints may be delayed by 4 - 6 weeks because of necessary security screening precautions. To file a complaint using U.S. Postal Service or by any other parcel delivery service, send your completed complaint form (http://www.ada.gov/t2cmpfrm.htm) or a signed letter containing the information and documents described above to the following address:

U.S. Department of Justice
Civil Rights Division
Disability Rights Section - NYAV
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530

Keep a copy of your complaint. Send copies (not originals) of relevant documents. The security screening process can damage documents sent to the Department of Justice, so please keep original documents for your own records.

Source: Frequently Asked Questions about Filing an ADA Complaint with the U.S. Department of Justice - http://www.ada.gov/fact_on_complaint.htm