Disability Discrimination Lawyer Texas: Understanding Your Workplace Rights

disability discrimination lawyer

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.

  1. Americans with Disabilities Act (ADA)

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:

  • Discrimination in hiring, promotions, and job assignments.
  • Harassment based on an employee’s disability.
  • Retaliation against employees who report discrimination or request a reasonable accommodation.
  1. Texas Labor Code Chapter 21

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:

  • 180 days: File a complaint with the TWC.
  • 300 days: File a complaint with the EEOC.
  • 45 days: Federal employees must file with their agency’s EEO office.

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.

What Constitutes a Disability Under the ADA?

The ADA defines a disability as:

  1. A physical or mental impairment that substantially limits one or more major life activities.
  2. A record or history of such an impairment.
  3. Being regarded as having a disability.

Common Examples of Disabilities:

  • Mental health conditions like anxiety, depression, or bipolar disorder.
  • Physical impairments such as blindness, deafness, or mobility issues.
  • Chronic illnesses like cancer, heart conditions, or diabetes.
  • Complicated pregnancies.

Temporary conditions like broken bones.

Reasonable Accommodations for Employees with Disabilities

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.

What Is a Reasonable Accommodation?

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:

  • Modifying workspaces, such as adding ramps or reconfiguring layouts.
  • Adjusting work schedules to accommodate medical appointments.
  • Allowing light-duty assignments.
  • Providing additional breaks or leave.
  • Offering assistive technology or ergonomic equipment.

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.

What is disability discrimination?

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:

  • Wrongful termination of an employee who discloses a medical condition.
  • Retaliation against an employee for requesting accommodations.
  • Reducing an employee’s hours or pay due to their disability.
  • Asking prohibited medical questions during a job interview.
  • Denying promotions or assignments to employees with disabilities.

Workplace Scenarios That Reflect Disability Discrimination:

  • Firing an employee after they request leave for a disability.
  • Refusing to make simple workplace adjustments, such as providing ergonomic furniture.
  • Mocking or harassing an employee due to their disability.
  • Labeling an employee with a disability as a “burden” and creating a hostile work environment.

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.

What Happens If an Employer Fails to Accommodate a Disability?

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:

  • Reinstatement of lost wages for the employee.
  • Required implementation of the accommodation.
  • Potential damages for emotional distress or punitive measures.

FAQs About Disability Discrimination in Texas

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?

  • 180 days: File with the TWC.
  • 300 days: File with the EEOC.
  • 45 days: Federal employees must file with their agency’s EEO office.

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.

Contact a Disability Discrimination Lawyer in Texas

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.

 For additional employment law information visit the employment home page.

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