Susan Russo,21 year old.Completedsecretarialschool injune2015.Shortlyafter graduating and before looking foremployment, she was in aseriouscar accident. Although she has otherwise fully recovered, she lost the effective use of her legs, and reliesonawheelchair to get around. In early Jan.2016, she sent a letter and resume inresponseto a help wanted ad placed in the Gazette by firm bodies and health spa. Shereiveda phone call scheduling and interview., and director seemed awkward during the interview,whichRussoattributedto her being in awheelchair. The interview ended with thedirectortelling Russo that there aremany, manyapplicants for this job, but we will get back to you".Russo heard nothing further until dec 15, 2016 when she got a letter thanking her for "your deepest interest in firm bodies" but informing her that "your interests and ours do not coincide at this time".

Russo however, noticed that the help-wanted ad to which she had responded was republished everySundayin theglacettethroughJanuaryandFebruary, last appearing on March 13,2016. Russa was upset aboutthis, butdid not want to beparanoids. About April,15 she discovered that one of herfriendswas a member of the firm bodies and asked her to "nose around". The friend reported back to Russo on May 15 the following information: asecretarywas employed who had begun work around April 4. The newsecretaryhad found out about the position through an ad in March.Firm bodies must know about the Americans withDisabilitiesAto because there is a poster in the cafeteria listingindividualsrights under the ADA. The cafeteria,howeverisupstairsfrom the business offices( includingthe office of thepersonaldirector) and there is no elevator or ramp leading to the second floor.

Russo had first learned about ADA from thephysicaltherapistwho had worked with her during herconvalescencein the second half of 2015. At the time, however, she had not thought much about employmentdiscriminationagainstindividualswithdisabilities.In the wake of her turndown from the Firm Bodies, and unable to find another job Russo joined a support group. Over the next fewmonths, shebecame more and more upset about what had happened. On August 16,2016Russovisited the office of the state fair employmentagency. The intake officer thereetoldher she could file a charge ofdiscriminationif she wished, but they were overworked, and it would make more sense if she filed with the federal equal employment opportunitycommission. Russo did not then file a charge with the state agency. OnOctober17,2016 she went to the offices of the EEOC where aninvestigatorcompletedan intakequestionnaireinformed her that "you have a good case" and promised to fill out a charge form for hersignature. OnDecember16nothavingheardanythingfurther, Russo went to the EEOC office again. The investigator she had first met had it runed out to beentransferred. The new investigator reviewed the intakequestionnairein the file andhelpedRusso complete charge, which shesignedand he notarized on that date.

MY QUESTION IS --

If EEOC does notpursuethissmatter, mayRussobring a private suit under the ADA?Does42 U.S.C. 12115 bear on the question? You may assume that the state fair employmentpracticesagency in question hasjurisdictionoverdisabilityclaimsand that it has a 6monthsstatueof limitations for filing the state charge.