Disability discrimination in Texas workplaces means treating someone unfairly because they have a physical or mental condition. This can happen when a person is not hired, paid less, treated poorly, or even fired because of their disability. In Texas, just like in the rest of the country, the law says that people with disabilities have the right to be treated fairly at work. That right is protected by the Americans with Disabilities Act, also called the ADA, and the Texas Labor Code.
If you or someone you care about has been treated unfairly at work because of a disability, it’s important to understand what this means. Knowing the signs and what counts as discrimination can help you stand up for yourself.
What Is a Disability Under the Law
A disability under the law means a person has a condition that affects one or more major parts of their life. This includes things like walking, hearing, seeing, thinking, or even breathing. The condition can be something a person was born with or something that came later in life, like after an accident or illness. It doesn’t matter if the disability can be seen or not. The law also protects people who had a disability in the past or people who are believed to have a disability even if they don’t.
The law does not just protect people who use wheelchairs or crutches. It also protects people with diabetes, cancer, epilepsy, mental health conditions, or learning problems. If a condition gets in the way of doing everyday tasks, it may be considered a disability.
How Discrimination Can Happen at Work
Disability discrimination can happen in many ways at work. It may begin even before someone is hired. For example, if a person does well in an interview but doesn’t get the job just because they mention they have a medical condition, that could be discrimination. It can also happen after someone is already working, like when they are treated differently or unfairly compared to others because of their disability.
Enrique Chavez
Texas Trial Attorney
Protecting Your Rights
Discrimination might happen when a worker is denied a promotion or training opportunity because of their condition. It could be when someone is bullied or made fun of because of their disability. Sometimes, employers may try to hide the reason they fire a person, but the real reason is the disability. These actions are wrong and may break the law.
What Is a Reasonable Accommodation
A very important part of the law is something called reasonable accommodation. That means the employer should make simple changes at work so the person with a disability can do their job. This might mean things like changing the person’s schedule, giving them more breaks, providing special equipment, or moving their desk to a better spot.
The change should not be too hard or too expensive for the employer. If it’s a small thing that helps the person do their job, then it should be done. The law says the employer must try to work with the employee to find a way to help. But if the change would cause a big problem or cost too much, the employer might not have to do it.
If an employer refuses to talk about or provide a reasonable accommodation without a good reason, that could be discrimination.
– Steve Hendrix – Adriana Solis – Luis Amador – Maria Terrazas
Examples of Disability Discrimination in Real Life
Let’s say a worker tells their manager they have anxiety and ask to take short breaks during the day to calm down. The manager refuses and starts treating them unfairly. That could be discrimination.
Or maybe someone uses a hearing aid and asks to have a phone with sound controls. If the employer refuses, even though it’s a small change that helps, that’s another example of unfair treatment.
Sometimes, a person is left out of meetings or social events at work because of their disability. Even if it may not seem like a big deal, if it happens often, it can hurt the person’s chances of doing well at work and could be against the law.
How to Prove That Discrimination Happened
If someone thinks they were treated badly because of their disability, they need to gather proof. This might be emails, notes, or messages from coworkers or managers. They should also write down what happened, when it happened, and who was there. If other people saw what happened or heard something, those witnesses can help too.
It’s also helpful to ask for things in writing, especially when asking for accommodations. This creates a record that can be used later if there’s a problem.
What Employers Should Do to Follow the Law
All employers in Texas should make sure their workplace is fair to everyone. They should know the laws about disability rights and take them seriously. That means training managers and workers about how to treat people with disabilities with respect. It also means making sure accommodations are given when needed and keeping medical information private.
Employers should never punish someone for speaking up about discrimination. That’s called retaliation and it is also against the law. People should be able to ask for help without worrying about losing their job or being treated badly.
What to Do If You Face Disability Discrimination
If you believe you are facing disability discrimination, you don’t have to stay silent. Start by talking to your company’s Human Resources department if they have one. You can also file a complaint with the Equal Employment Opportunity Commission, also called the EEOC. They look into claims of unfair treatment at work. In Texas, there is also the Texas Workforce Commission Civil Rights Division, which handles these kinds of complaints too.
There are time limits for filing a claim, so it’s important not to wait too long. Usually, you must file within 180 days of when the discrimination happened.
If you have been fired, demoted, bullied, or denied fair treatment at work, you have the right to ask for justice. Many people don’t realize how strong their rights are until they speak to someone who can explain the law.
Why Standing Up Matters
When someone speaks up about disability discrimination, they are not just helping themselves. They are also helping others who may be too afraid to come forward. A workplace should be a place where all people, no matter their abilities, are treated with fairness and kindness.
The law is here to protect you. But it is not always easy to go through the process alone. That’s where help can make a difference.
We Are Here to Help
If you think you’ve been treated unfairly at work because of a disability, it’s time to take action. At Chavez Law Firm, we help people like you understand their rights and fight for what is fair. We know how hard it can be to go through this. You are not alone. Let us help you get the justice you deserve. Reach out today and let’s talk about your story.