Were You Discriminated Against On The Job Because Of A Disability?
If you suspect that you have faced discrimination in employment due to a disability, you have the option to file a discrimination complaint through the Texas Workplace Commission (TWC) Civil Rights Division. Texas Labor Code Chapter 21 and the Americans with Disabilities Act (ADA) protect individuals with disabilities from discrimination in job-related matters.
Poncio Law Offices, P.C.,is a source of knowledge and advocacy for Texas workers who encounter ADA violations on the job.
Which Employers Must Comply
Chapter 21 applies to private employers with 15 or more employees and all state and local governmental entities. To be considered a qualified individual under Chapter 21 and ADA, you must meet at least one of the following criteria:
- Have a physical or mental disability that significantly limits one or more major life activities
- Have a history of having a disability
- Be regarded as having a disability
Employers are required to provide reasonable accommodations to employees with disabilities to enable them to perform their essential job functions. Reasonable accommodations may include making buildings accessible, adjusting work schedules, providing necessary equipment, offering additional training or arranging qualified readers or interpreters. However, accommodations that cause significant difficulty or expense to the employer may not be required.
About The Job Application Process And Drug And Alcohol Use
During the job application process, employers cannot inquire about your disability but can ask about your ability to perform specific job functions. A job offer can be contingent on the results of a medical examination, but this applies only if such examinations are mandatory for all applicants in similar job positions.
Drug and alcohol use are not protected under Chapter 21 or the ADA. Employers can make employment decisions based on an individual’s current drug or alcohol use and can uphold performance standards for illegal drug users and alcoholics.
Lastly, harassment based on disability, past disability or perceived disability is against the law and violates Texas and Federal EEO laws.
Fired Because You Developed A Serious Illness?
One of the common types of disability discrimination cases we see is employees who are diagnosed with cancer or another serious illness. Their employer, often to avoid insurance costs, fires the employee. This is illegal. Your employer cannot terminate your employment because you have developed an illness. If this has happened to you, it is important to contact an experienced attorney.
The lawyers at Poncio Law Offices, P.C., have worked countless discrimination cases. We will defend you against your employer and work to get the compensation you deserve. Our office is located in San Antonio, and we work with clients in the surrounding areas of Texas.
What Is A Failure To Accommodate Claim?
If you have a physical or mental disability, your employer must make reasonable accommodations to allow you to perform your essential tasks. The Americans with Disabilities Act establishes the fact that employers cannot discriminate against employees with a disability.
These cases often take the form of employers either not hiring someone based on their disability or not giving the employee the resources they need to perform essential job duties. If either of these situations occurs, you may have a disability discrimination case against the employer in question.
If You Have A Disability You Are Allowed To Work
Your disability should not have an effect on your employment status. If your employer is not reasonably accommodating your disability or is discriminating against you, contact us for a consultation.