know your rights
BOTH THE STATE AND FEDERAL LAWS PROHIBIT DISABILITY DISCRIMINATION IN EMPLOYMENT.
State and Federal laws make it unlawful for an employer to discriminate against an employee with a disability (or an employee who the employer perceives to be disabled) when making decisions related to hiring, firing, promoting, training, compensating, or other terms of employment. In addition, these laws prohibit an employer from retaliating against an employee for opposing an unlawful act of disability discrimination.
In 2008, amendments were made to federal (and thus state law) which expand the definition of disability and provide for greater protection for disabled employees. In 2009, the Texas Legislature also passed new amendments to state law seeking to implement the federal amendments to the ADA into Texas law. As a result, more employees that are subjected to disability discrimination will be able to protect their rights in the court system.
What employers must comply with the ADA?
According to the U.S. Equal Employment Opportunity Commission (EEOC), these organizations are subject to the conditions of the Americans with Disabilities Act:
- Private employers with 15+ employees
- State and local governments
- Employment agencies
- Labor organizations
- Labor-management committees
If an employer falls into one of the categories above, and they discriminate against a disabled or injured worker, that worker may be able to take legal action.
WHAT TO DO IF YOUR EMPLOYER DISCRIMINATES AGAINST YOU?
Disability discrimination can take many forms, but perhaps the most common type of ADA violation is the failure to accommodate an employee’s disability. There are a number of possible reasonable accommodations that an employer may have to provide in connection with modifications to the work environment or adjustments in how and when a job is performed. A reasonable accommodation enables the individual to perform the essential functions of the position. Similarly, a reasonable accommodation enables an applicant with a disability to have an equal opportunity to participate in the application process and to be considered for a job. Finally, a reasonable accommodation allows an employee with a disability an equal opportunity to enjoy the benefits and privileges of employment that employees without disabilities enjoy.
CAUTION: The information on this webpage and website does not constitute legal advice. The purpose of this information is to provide information to the public and to raise awareness of Texas, New Mexico, and Federal employment laws for employees. DO NOT read anything here and make a decision affecting your legal rights, such as a decision not to pursue a lawsuit or to file a lawsuit, without first consulting a lawyer. ONLY your own individual attorney can provide you with legar advice and properly inform you of your rights and remedies under the law. This website does not guarantee the accuracy of any of the information provided within it. Finally, this information only applies to Texas, New Mexico, and Federal employees, as employment laws differ greatly from state to state.