People with disabilities have the right to work in safe, fair places. In Texas, the law works to make sure they are treated with respect. This law is called the Texas Labor Code. It has rules that protect workers who have physical or mental challenges. These rules make sure no one is left out just because of a disability. If you are a worker with a disability, or someone helping a loved one, it is important to understand how these laws help you.
The Meaning of Disability Under Texas Law
A disability can be something a person is born with or something that happens later in life. It could affect how someone moves, talks, hears, sees, or thinks. The Texas Labor Code follows the meaning used by the Americans with Disabilities Act, often called the ADA. Under the law, a person with a disability is someone who has a physical or mental condition that limits a major part of life, like walking, seeing, or working.
Even if someone had a disability in the past or if people think they have one, they are still protected. The law looks not only at the disability itself, but also how the person is treated because of it.
How Employers Must Treat Workers with Disabilities
Employers in Texas are not allowed to treat workers with disabilities unfairly. This means they cannot refuse to hire someone just because of a disability. They cannot fire someone for that reason either. If a person can do the job with a little help, they should get the same chance as anyone else. The law calls this help a “reasonable accommodation.” It could mean changing a schedule, giving special tools, or letting someone sit instead of stand while working.
However, there is a limit. The employer does not have to make changes that are too hard or too expensive. The changes should not hurt the business. Still, many accommodations are simple and low-cost. Most of the time, employers are able to find a way to help.
Enrique Chavez
Texas Trial Attorney
Protecting Your Rights
Making the Workplace Fair and Safe
The Texas Labor Code says workplaces must be free from discrimination. This means workers with disabilities must be treated the same as others. They must be paid fairly and given the same chances to grow in their jobs. If someone is bullied or treated badly because of a disability, that is wrong. The law gives people a way to speak up and get help.
A safe workplace is also part of the law. If a worker with a disability needs help to stay safe, the employer must take steps. This could include making doorways wider or adding ramps. It could also mean training other workers to understand the needs of their co-workers with disabilities. All workers deserve to feel welcome and safe.
Job Applications and Interviews
Even before someone is hired, the law protects them. Employers cannot ask about a disability during a job interview. They can only ask if a person can do the job. After hiring, they may ask if the worker needs help to do the job safely. These rules are meant to stop unfair treatment before it starts.
If a person feels nervous about telling an employer they have a disability, that is okay. The law does not force them to share. But if someone does share their condition and needs help, the employer must listen and try to help. Being honest can lead to better understanding and support.
– Steve Hendrix
– Adriana Solis
– Luis Amador
– Maria Terrazas
Filing a Complaint When Rights Are Violated
If a worker feels they were treated unfairly because of a disability, they have a right to speak up. In Texas, they can file a complaint with the Texas Workforce Commission, also called the TWC. There is a time limit, so people need to act quickly. Usually, a person must file a complaint within 180 days of when the problem happened.
Once a complaint is filed, the TWC will look into it. They may talk to the worker and the employer. If they find that something wrong happened, they can help fix it. Sometimes, the problem can be solved through a meeting. Other times, it may go to court. The law gives people the right to ask for fair treatment, lost pay, or even a job back.
Examples of Fair Support at Work
To understand how the law works, it helps to look at some real-life examples. A person who uses a wheelchair may ask for a ramp to enter the building. That is a reasonable accommodation. A worker with trouble seeing may ask for special software on a computer. That is another example. A person who has anxiety might need more breaks or a quiet space to work. As long as the change helps and is not too hard for the business, it should be given.
When workers and employers work together, everyone benefits. The law encourages good conversations. It also makes sure the worker is not punished for asking for help.
What Employers Must Avoid Doing
Employers in Texas cannot punish a worker for having a disability. They cannot tease, fire, or ignore someone who needs help. If they do, that is discrimination. They also cannot stop someone from asking for fair treatment. Workers have the right to ask for help without fear. If a worker is punished after speaking up, that is called retaliation, and it is also against the law.
Employers must keep information private. If a worker shares that they have a disability, the employer must keep it between them. Sharing private information can cause harm, and the law takes this seriously.
Understanding the Role of Medical Records
Sometimes, employers may ask for medical information to give the right help. This should only happen after a job offer is made or when a person asks for help. Even then, the information must be handled with care. It should not be shared with others. It should only be used to help the worker. The law says privacy is very important.
If someone feels their medical details were shared or misused, they have the right to speak up. The law supports their privacy and trust.
How the Law Helps Workers Keep Their Jobs
Sometimes, a person’s condition might get worse. They may need more help or time away from work. The law protects workers in these cases, too. Employers should look for ways to keep the worker in the job, like changing duties or allowing time off. Losing a job just because someone gets sick or has a harder time is not allowed if they can still do the job with some help.
This part of the law helps people stay independent and support their families. It reminds employers that people with disabilities are strong, capable, and worthy of support.
Why These Laws Matter for Everyone
When workers with disabilities are treated fairly, it helps the whole community. People feel valued and safe. Workplaces grow stronger with different kinds of people and ideas. The law is not just about rules. It is about respect, fairness, and doing the right thing. Workers with disabilities should never feel alone or powerless.
How to Get Help Today
If you or someone you love has faced unfair treatment at work because of a disability, it may feel confusing or scary. But you do not have to go through it alone. You have rights under the Texas Labor Code. You have the power to ask questions, seek justice, and find support.
At Chavez Law Firm, we believe in standing with workers who have been treated unfairly. Our team helps people understand their rights and fight for what is fair. If you are ready to talk or ask questions about what happened to you, we are here to listen. Let us help you take the next step.
