Wrongful Termination Due to Disability in Texas: What You Need to Know
April 2, 2025
  • Evan Lange By Evan Lange
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Wrongful Termination Due to Disability in Texas: What You Need to Know

Losing your job is difficult under any circumstances—but if you were fired because of a medical condition or disability, it’s not just unfair. It may be illegal.

Both Texas and federal laws protect employees from discrimination based on disability. If your employer failed to accommodate your condition, treated you differently because of your health, or used your disability as an excuse to terminate you, you may have a wrongful termination claim.

This blog will walk you through the laws that apply, what qualifies as a wrongful firing, and how a Texas employment lawyer can help you fight back.

What Is Wrongful Termination Due to Disability?

Wrongful termination due to disability happens when an employer fires an employee because of:

  • A physical or mental disability

  • A perceived disability (even if the condition is minor or temporary)

  • The employee’s request for reasonable accommodations

  • The employee’s medical leave or time off to manage a condition

These actions can violate both federal and state law, even in a state like Texas where most jobs are “at-will.”

What Laws Protect Disabled Workers in Texas?

Several major laws protect employees with disabilities from unfair treatment or termination:

✅ Americans with Disabilities Act (ADA)

Prohibits employers with 15 or more employees from discriminating based on disability. Requires them to provide reasonable accommodations, unless doing so causes “undue hardship.”

✅ Texas Labor Code Chapter 21

Texas’s version of the ADA—extends similar protections and is enforced by the Texas Workforce Commission (TWC).

✅ Family and Medical Leave Act (FMLA)

Provides eligible employees with up to 12 weeks of unpaid, job-protected leave for serious health conditions. You can’t be fired for using it properly.

What Counts as a Disability?

A disability includes any physical or mental impairment that substantially limits one or more major life activities. This can include:

  • Chronic illnesses (e.g., cancer, diabetes, epilepsy)

  • Mental health conditions (e.g., depression, anxiety, PTSD)

  • Mobility impairments

  • Hearing or vision loss

  • Pregnancy-related conditions

  • Recovery from surgery or illness

Even temporary impairments may qualify under the ADA if they affect your daily life or work responsibilities.

What Is a Reasonable Accommodation?

A reasonable accommodation is any change to the work environment or job duties that helps a disabled employee perform essential tasks.

Examples include:

  • Modified work schedules

  • Remote work options

  • Extended medical leave

  • Ergonomic furniture or equipment

  • Reassignment to a different position

Employers are legally required to engage in an interactive process with the employee to identify workable solutions.

Examples of Wrongful Termination Due to Disability

You may have a valid legal claim if:

  • You were fired shortly after disclosing your diagnosis

  • Your request for accommodations was ignored or denied without cause

  • Your employer said you were “too much trouble” or “a liability”

  • You were terminated after returning from FMLA leave

  • Your boss made negative comments about your condition or limitations

  • You were replaced while on medical leave

These types of actions suggest discriminatory intent and can be used as evidence in a wrongful termination case.

Can You Be Fired If You Can’t Do the Job?

Yes—but only under certain conditions.

An employer can terminate you if you cannot perform essential job duties, even with reasonable accommodations. However, they must first explore accommodations in good faith—and document that no viable alternatives exist.

If they fire you without trying or use your condition as a pretext, that may be unlawful.

What Should You Do If You Were Fired?

  1. Document everything – Keep emails, write down conversations, and gather medical records or work reviews.

  2. Request a copy of your personnel file – This may include notes on performance, complaints, or HR decisions.

  3. File a complaint with the EEOC or Texas Workforce Commission (TWC) – You typically have 180–300 days from the date of termination.

  4. Talk to an employment lawyer – A qualified attorney can evaluate your case, gather evidence, and pursue legal action if needed.

What Can You Recover in a Wrongful Termination Case?

If your case is successful, you may be entitled to:

Type of Damages

Description

Back Pay

Wages you would have earned if not fired

Front Pay

Estimated future earnings lost due to wrongful firing

Reinstatement

Being returned to your former position

Emotional Distress

For anxiety, humiliation, or mental suffering

Punitive Damages

If your employer’s actions were reckless or malicious

Attorney’s Fees

Your legal costs reimbursed

Some cases result in substantial settlements, especially when the firing was clearly linked to disability discrimination.

How The Lange Firm Can Help

At The Lange Firm, we represent employees across Texas who were unfairly fired due to health conditions or medical needs. We’ll help you:

  • Determine if your termination was unlawful

  • File discrimination complaints or lawsuits

  • Seek reinstatement or negotiate a settlement

  • Protect you from further retaliation or harm

You don’t have to face this alone—we fight for your dignity, livelihood, and legal rights.

📞 Contact us today for a confidential consultation and let us help you move forward.

Final Takeaway

Being fired for a disability isn’t just wrong—it may be illegal. If you’ve been let go because of a medical condition or your employer refused to accommodate you, you may have a strong case for wrongful termination.

✅ Don’t wait. Talk to an experienced Texas employment attorney and take back control of your future.

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