Disability Discrimination

Texas Labor Code Chapter 21 and the Americans with Disabilities Act (ADA) prohibit employers from discriminating against applicants or employees with disabilities in job application, procedures, conditions and privileges of employment. A qualified individual under Chapter 21 and ADA meets one or more of these requirements: 1) a physical or mental disability that limits one or more major life activities; 2) has a record of having a disability; 3) perceived as having a disability

An employee with a disability must be able to perform the essential functions of their job with or without a reasonable accommodation.  If you need an accommodation due to a disability, you must request it from your employer.  A reasonable accommodation is a requested item or action that would enable you to perform the required functions of your job.

For example, the accommodation may be one of the following:

Make buildings and bathrooms readily accessible to and usable by persons with disabilities
Change your work schedule or reassign you to a vacant position you are qualified for
Provide you with equipment or devices that will aid you in performing the essential functions of your job
Provide additional training
Provide qualified readers or interpreters

An employer is required to make a reasonable accommodation unless the request causes significant difficulty or expense to the employer.

Harassment based on a person’s disability, having a history of a disability, or being regarded as disabled is illegal. Disability harassment violates Texas and Federal EEO laws.

If you believe you have been discriminated against because of your disability, contact our office for a free case evaluation