1,345 ADA learning-disability charges: what filing actually does

The EEOC recorded 1,345 disability discrimination charges citing learning disabilities in FY2023 (EEOC, January 2024). That figure covers dyslexia, dyscalculia, and related conditions: people who asked for an accommodation, were refused or ignored, and then formally pushed back. The trend is moving upward. In FY2023, "other neurological impairments" (the EEOC category that includes dyslexia) made up 4.2% of all ADA merit resolutions, up from 3.2% in 2016 (Ogletree Deakins analysis of EEOC data, April 2025). More dyslexic employees now know they have rights, and they are using the system.

This article covers US rights under the ADA. If you are in the UK, the Equality Act 2010 applies and the enforcement route is an employment tribunal rather than the EEOC. Both are worth understanding. The core obligation is the same in both jurisdictions: your employer must engage seriously with your adjustment request.

What a rising charge count actually tells you

A rising charge count does not mean employers are getting worse. It means more employees know the mechanism exists. And once they know it exists, many employers behave differently. An EEOC charge letter arriving at your employer's legal or HR department changes the calculation. Most employers do not want a formal investigation and will agree to mediation rather than face one.

The percentage figure matters for a different reason. "Merit resolutions" are charges the EEOC concluded had enough basis to warrant a formal outcome: a settlement, a cause finding, or a conciliation agreement between the EEOC and the employer. The fact that the share for neurological impairments has grown from 3.2% to 4.2% of merit resolutions in seven years tells you the EEOC is taking these charges seriously and finding merit in a meaningful proportion of them.

For a dyslexic employee deciding whether to file: the process is not a long shot. It is a structured mechanism with a real track record of producing outcomes. Filing is not the same as suing. Most cases never reach court.

If your employer has not responded to an accommodation request within two to four weeks, you are already past the point where continued waiting is working in your favour.

The interactive process: what your employer is required to do

The ADA requires employers to provide reasonable accommodations for qualified employees with disabilities, under Section 102(b)(5)(A). But the obligation does not start and end with the accommodation itself. The EEOC's Enforcement Guidance on Reasonable Accommodation requires employers to engage in an "interactive process": a genuine, individualised dialogue with you about what you need and what is feasible.

A blanket no is not a process. Silence is not a process. Offering an alternative accommodation without asking what you actually need is not a process. Courts have consistently held that an employer who fails the interactive process has violated the ADA, separate from the question of whether any specific accommodation was reasonable. The failure to engage is its own violation.

For dyslexic employees, this matters in a concrete way. Many employers assume that saying no ends the conversation. The Job Accommodation Network (JAN) documents dozens of free or low-cost accommodation options for dyslexic workers: text-to-speech software, written instructions instead of verbal, extended time for written tasks, a quiet workspace for reading-heavy work. An employer who says no without consulting JAN or its equivalent has almost certainly not completed a real interactive process. That is the argument the EEOC will look at.

Two things count as bad faith that courts have consistently found to be violations:

• Failing to respond to an accommodation request within a reasonable time (two to four weeks is the working standard)
• Demanding medical documentation that goes well beyond confirming the disability exists

Your employer can ask for documentation confirming that you have dyslexia and that it substantially limits a major life activity. They cannot ask for your entire clinical history, demand a second opinion at your expense, or delay indefinitely while "reviewing" paperwork.

Before you file anything, write down the timeline: when you made the request, what was said or written, who was present, and what happened afterwards. That record is the foundation of an EEOC charge if you need one.

The five stages of an EEOC charge, in plain English

Filing a charge is not the same as filing a lawsuit. The EEOC process is designed to resolve disputes before litigation. Here is how it runs.

Stage 1: File the charge. You can file at publicportal.eeoc.gov, by phone (1-800-669-4000), or in person at an EEOC field office. The charge names your employer, describes what happened, and states the date. Filing is free. You do not need a lawyer. The charge form takes about 15 minutes if you have your timeline notes ready.

Stage 2: EEOC notifies your employer. Within 10 days, the EEOC tells your employer a charge has been filed. At this point, most employers contact HR or employment counsel. The act of filing, on its own, often prompts an employer to re-engage with the accommodation request.

Stage 3: Mediation is offered. The EEOC offers free, voluntary mediation through its National Mediation Program. Both parties must agree. If you both say yes, a neutral mediator works with you separately to find a resolution. Mediation is confidential: nothing said can be used later in court proceedings. Most mediations conclude in a single session. This is the fastest route to a real outcome, and it preserves the possibility of staying in the job if that matters to you.

Stage 4: Investigation if mediation does not happen. If mediation is declined or fails, the EEOC investigates. It requests documents from your employer, issues a position statement request, and may interview witnesses. Investigations are slower. EEOC annual data shows average charge closure times ranging from 9 to 15 months depending on the year and office.

Stage 5: Determination. The EEOC issues a cause finding (the charge has merit) or a no-cause finding. A cause finding leads to conciliation: the EEOC tries to broker a settlement. If conciliation fails, the EEOC may file suit itself, or it issues a right-to-sue letter. A no-cause finding also gives you a right-to-sue letter. You then have 90 days to file a private lawsuit if you want to pursue it.

One point on retaliation: it is illegal for your employer to fire, demote, or otherwise punish you for filing an EEOC charge. If they do, that becomes a separate, additional charge. This protection does not make retaliation impossible. It makes it prosecutable, and it tends to substantially increase the value of any eventual settlement.

The 180-day clock starts from the date of the discriminatory act, not from the date you gave up waiting. If your employer ignored your accommodation request several months ago, calculate exactly when that happened before you do anything else.

What to do before you file

Filing a charge changes the relationship with your employer. For some people that is the right move from day one. For others, it is a last resort after internal routes have failed. The question to answer first is: what do you want? The accommodation, continued employment, or formal accountability. The answer shapes the strategy.

If you have not yet made a formal, written accommodation request, do that first. A request that goes on record is harder to ignore and creates the paper trail the EEOC needs to work with. The reasonable adjustments builder turns your specific challenges into a written accommodation request with language that maps to the ADA's interactive process requirements. Getting this right before the refusal is always better than addressing a refusal after the fact.

If you have disclosed verbally but not in writing, send a same-day summary email to HR confirming what was discussed. This is the same advice ACAS gives UK employees about the Equality Act, for the same reason: the paper trail determines what can be proved later. "We discussed my dyslexia diagnosis and my request for extended time on written tasks. Please confirm this in writing" is enough. Brief is fine.

If you are still deciding whether to disclose at all, the disclosure decision guide covers the timing question in detail: when to disclose, how to frame it, what to put in writing, and how the ADA protects you at each stage. The short version: disclose in writing to HR, not just verbally to your manager, so that the employer's knowledge of your disability is unambiguous.

An EEOC charge filed without a written accommodation request on record is harder to resolve quickly. A written request that was ignored is the clearest possible evidence that the interactive process failed.

What this means if you are deciding right now

If your employer has refused an accommodation request without exploring alternatives, file an EEOC charge. Do not wait. The deadline is real, most employers respond differently once the EEOC is involved, and filing costs you nothing. If you are not sure whether your situation rises to a chargeable level, call the EEOC (1-800-669-4000) and describe what happened. They will tell you whether it qualifies before you commit to filing.

If you are at an earlier stage: document everything in writing as you go. A same-day email after every accommodation conversation, a written request rather than a verbal one, a note of who was present and what was said. The 1,345 people who filed learning-disability ADA charges in FY2023 were not all in extreme situations. Many were in situations where an employer simply stopped responding, and they used the only formal mechanism available to restart the conversation.

The EEOC process is designed to be used before things reach a lawsuit. Mediation is fast. Most employers agree to it once they understand the alternative is a formal investigation. That is the design, and it works. Use it.

The enforcement mechanism exists, it is free, and it does not require a lawyer to start. If your employer is not engaging with your accommodation request, filing a charge is not an escalation. It is a step the law was designed for.