Disability discrimination happens when a person with a disability is treated unfairly at work just because of that disability. This includes being fired, not being hired, being denied a promotion, or not being given the help needed to do a job. In Texas, this type of unfair treatment is against the law. Both federal and state laws protect workers with disabilities and give them the right to speak up and take action when they are treated wrongly. The big question many people ask is, can I sue my employer for disability discrimination in Texas? The answer is yes, you can, but there are steps to follow and certain rules that apply.
What Laws Protect You
There are two main laws that protect people with disabilities at work. One is the Americans with Disabilities Act, also called the ADA. The other is the Texas Labor Code, Chapter 21. These laws make it illegal for an employer to treat someone unfairly because of a disability. They also say that employers must make reasonable changes, or accommodations, so that people with disabilities can do their jobs. This could mean things like changing a work schedule, allowing time off for treatment, or providing special equipment. These laws apply to employers who have at least 15 employees. So if you work for a small business, you may need to look at other options.
What Counts as a Disability
A disability is a condition that limits your ability to do everyday things. It can be something you were born with, something that happened because of an accident, or an illness that developed over time. It includes both physical and mental conditions. Some examples are trouble walking, vision problems, hearing loss, chronic pain, depression, or anxiety. Even if your condition comes and goes, it may still count as a disability if it affects major parts of your life when it is active. If you have a record of a disability or your employer thinks you have one and treats you badly because of it, that also counts as discrimination.
Enrique Chavez
Texas Trial Attorney
Protecting Your Rights
What Is Reasonable Accommodation
If you have a disability, you can ask your employer to make changes to help you do your job. These are called reasonable accommodations. The law says the employer must do this unless it causes too much trouble or cost to the business. That means the change must not be too hard or too expensive. Examples include giving extra breaks, changing work hours, making the workplace wheelchair-friendly, or allowing someone to work from home. You must tell your employer about your condition and what kind of help you need. If they refuse without a good reason, that may be discrimination.
What You Must Prove to Sue
To sue your employer, you have to show a few things. First, that you have a disability under the law. Second, that you can do the main parts of the job, with or without help. Third, that your employer knew about your disability. And finally, that you were treated badly because of your condition. That could be being fired, demoted, harassed, or not given the help you asked for. It is also illegal for your employer to get back at you for asking for accommodations or for complaining about discrimination. This is called retaliation, and it is also something you can sue for.
– Steve Hendrix – Adriana Solis – Luis Amador – Maria Terrazas
The First Step Before Suing
Before you can file a lawsuit, you must file a complaint with a government agency. In Texas, you can file with the Equal Employment Opportunity Commission, also known as the EEOC. You can also file with the Texas Workforce Commission Civil Rights Division. You must do this within 180 to 300 days from when the discrimination happened, depending on where you file. These agencies will look at your complaint and decide whether to investigate. If they do not find a solution, they will give you a letter that says you can sue. This is called a Right to Sue letter. You cannot sue without it.
How a Lawsuit Works
Once you have the Right to Sue letter, you can file a lawsuit in court. This is where you tell a judge what happened and ask for justice. You may ask for money for lost wages, emotional pain, or medical costs. You may also ask the court to make your employer change their policies or give you your job back. The process takes time and can be stressful, but it gives you a chance to stand up for your rights. A strong case has good proof, like emails, messages, witness statements, or medical records that show your condition and what your employer did.
What If You Are Still Working
Many people are afraid to speak up because they still have their jobs and fear losing them. But the law says your boss cannot punish you for asking for help or for filing a complaint. If they do fire you or treat you worse because you stood up for yourself, that is retaliation, and it is illegal. Even if you still have your job, you can take action to stop the discrimination. Keeping notes, saving messages, and talking to someone you trust can help you protect yourself while you take the right steps.
Disability Harassment Is Also Against the Law
Sometimes, the problem is not just being denied a job or help, but being treated badly by coworkers or bosses because of a disability. This can include rude comments, jokes, or being left out. When this behavior is so bad that it makes it hard to work, it may be harassment. The law says employers must stop harassment and protect employees. If they do not take action after you report it, that can be part of your lawsuit. Everyone has the right to work in a place that is fair and respectful.
Time Limits and Why They Matter
It is important to act quickly if you think you have been treated unfairly. There are time limits for filing complaints and lawsuits. Missing a deadline can mean losing your right to sue. In Texas, you usually must file with the EEOC or the Texas Workforce Commission within 180 days, though sometimes you have up to 300 days. Once you get the Right to Sue letter, you only have 90 days to file your case in court. Talking to a lawyer early can help you avoid mistakes and protect your rights.
What You Can Get If You Win
If you win your case, the court may give you money for lost pay if you were fired or missed work. They may also give you money for the stress and hurt feelings caused by the discrimination. Sometimes, the employer has to pay your lawyer fees. In some cases, the court may order the company to give you your job back, give you a raise, or make changes so that future workers are treated fairly. The goal is to make things right and to stop the same thing from happening again.
Why This Matters
Disability discrimination affects many people in Texas, and it can be a lonely and confusing experience. Knowing your rights and taking action can make a big difference. It is not just about one person. When you speak up, you help make your workplace and your community better for everyone. The law is there to protect you, and you do not have to face this alone.
Take the First Step Today
If you are asking yourself can I sue my employer for disability discrimination in Texas, the answer is yes, but the path forward depends on your situation. You do not have to wait or wonder what to do next. Talk to someone who understands these laws and can guide you through the process. The team at Chavez Law Firm has helped many people take that first step and find a path toward justice. If you feel your rights have been violated, contact us today to schedule a free consultation. You deserve fair treatment and a chance to be heard.