Disability discrimination lawyer—this is a phrase many employees search for when they face unfair treatment in the workplace. The law ensures that individuals with disabilities can participate fully in society, including having equal opportunities in the workplace. Employers are prohibited from discriminating or retaliating against employees with disabilities and must provide reasonable accommodations to help them perform their job duties.
Understanding your rights and protections under the law is essential if you believe you have experienced disability discrimination in Texas.
The Americans with Disabilities Act (ADA), passed in 1990 and amended in 2008, is a federal law that protects employees with disabilities. Under the ADA, workers who can perform the essential functions of their job with or without reasonable accommodations are safeguarded against discrimination. This means an employee who can completely work the job with help (or without help) from the employer despite having a disability are legally protected from discrimination.
The ADA applies to employers with 15 or more employees and prohibits:
Texas law aligns with federal protections through Chapter 21 of the Texas Labor Code, which prohibits disability discrimination in the workplace. The Texas Workforce Commission (TWC) handles investigations of such claims, working alongside the federal Equal Employment Opportunity Commission (EEOC).
Filing Deadlines:
The date that the filing deadline starts to run is extremely fact specific and you should consult with a Texas disability discrimination lawyer in order to assess what deadlines, if any, apply to you.
The ADA defines a disability as:
Common Examples of Disabilities:
Temporary conditions like broken bones.
Employers are legally required to provide reasonable accommodations to employees with disabilities, as long as the accommodations enable the employee to perform the essential functions of their job.
A reasonable accommodation is any modification or adjustment to the workplace that allows an employee with a disability to perform their job duties effectively.
Examples of Reasonable Accommodations:
Courts evaluate whether an accommodation is reasonable based on the circumstances of each case, considering factors such as the nature of the job and the employer’s resources. Unfortunately, there is no specific guide on what accommodations are reasonable. Because of this, consulting with a Texas employment disability discrimination lawyer.
Disability discrimination occurs when an employer takes negative employment actions against an employee because of their disability or fails to provide reasonable accommodations.
Examples of Disability Discrimination:
Workplace Scenarios That Reflect Disability Discrimination:
Some of these may seem completely out-of-line; however, I have represented employees whose employers likely discriminated against them because of cancer, complicated pregnancies, addiction issues, and many more common health concerns people face in life.
If an employer fails to provide a reasonable accommodation, they may be in violation of the ADA and Texas Labor Code. This failure can lead to legal consequences, including:
What is considered a disability under the ADA?
The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities, including conditions like mental illness, mobility issues, or chronic illnesses. After congress amended the law in 2008, most health issues qualify as disabilities.
Are all employers required to follow the ADA?
The ADA applies to employers with 15 or more employees.
What are reasonable accommodations for disabled employees?
Reasonable accommodations include changes to the work environment, such as providing assistive devices, modifying schedules, or offering leave for medical treatment.
How long do I have to file a disability discrimination claim?
However, as stated above, you need to talk to an attorney about how to apply these deadlines. They are not cut and dry.
Can temporary conditions qualify as disabilities?
Yes, temporary conditions like broken bones or complicated pregnancies may qualify as disabilities if they substantially limit major life activities.
If you believe you’ve experienced disability discrimination, wrongful termination, or retaliation in your workplace, it’s crucial to take action promptly. Consulting with a disability discrimination lawyer Texas can help you understand your rights, navigate filing deadlines, and determine the best course of action.
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Mr. Evan B. Lange is the attorney responsible for this website. | All meetings are by appointment only. | Principal place of business: Sugar Land, Texas.
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