28 CFR Part 35 · Subpart B — General Requirements
§ 35.134 Retaliation or coercion
Last updated June 11, 2026
Prohibits retaliation against anyone who files an ADA complaint or asserts their rights.
In Plain Language
It is illegal to retaliate against someone who files an ADA complaint, participates in an ADA investigation, or opposes discriminatory practices. It is also illegal to threaten, coerce, or intimidate someone for exercising their rights under Title II. This protection extends not just to the person with a disability but also to their advocates, family members, and anyone else who supports them.
This summary is educational, not legal advice. The official text below controls.
Official Regulatory Text — 28 CFR § 35.134
Verbatim from 28 CFR Part 35, current through June 9, 2026.
(a) No private or public entity shall discriminate against any individual because that individual has opposed any act or practice made unlawful by this part, or because that individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the Act or this part.
(b) No private or public entity shall coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by the Act or this part.
What § 35.134 Means in Practice
- Do not take adverse action against anyone who files an ADA grievance or complaint
- Do not threaten or intimidate people who assert their ADA rights
- Retaliation includes subtle actions like reducing services, increasing scrutiny, or creating a hostile environment
- Third parties who help someone exercise ADA rights are also protected
- Retaliation claims can arise independently of the underlying discrimination claim
Common Questions
What counts as retaliation?
Any adverse action taken because someone exercised ADA rights. This includes denying services, filing counterclaims, or treating someone differently after they complain.
Are employees who assist ADA complainants protected?
Yes. Anyone who assists, supports, or advocates for a person asserting ADA rights is protected from retaliation.
Does § 35.134 apply to your entity?
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