Employees with disabilities in Texas have strong legal protections against workplace discrimination. To recognize when your employer has crossed the line, it is important to know your rights under Texas law.
What qualifies as a disability under the law?
The Americans with Disabilities Act (ADA) defines disability in three ways:
- There is a physical or mental impairment, such as diabetes, epilepsy, anxiety, depression or ADHD, that limits a major life activity like walking, seeing, hearing, learning or working.
- There is a history of such an impairment, even if the person has fully recovered.
- The employer regards the person as having one, whether or not they actually do. There is one catch: the “regarded as” definition does not include minor impairments that are expected to last less than six months.
Texas updated the Labor Code to align with the ADA and its 2008 amendments, so both laws follow the same definition. Even if your condition is episodic or in remission, you may still meet the definition, as long as it severely limits a major life activity when active.
Recognizing common forms of workplace discrimination
The employer violates the law if they refuse to hire you, or if they fire you, demote you or pay you less because of your disability. Denying promotions or training opportunities based on your condition is illegal too.
But discrimination is not always that obvious. Sometimes it shows up as harassment through offensive comments about your disability, mockery from coworkers or supervisors and a hostile work environment.
Understanding your right to reasonable accommodations
Employers in Texas with 15 or more employees must provide reasonable accommodations to qualified workers with disabilities. An accommodation is any change to your job or workspace that helps you perform your important tasks. This could mean changing your schedule, getting special equipment, changing workspace or adjusting your duties.
Your employer can only decline your request if it creates major difficulty or cost. If not, it is seen as discrimination and violates Texas law.
Protecting your rights after discrimination
If you believe your employer has discriminated against you, start documenting everything right away. Keep records of incidents, your accommodation requests and your employer’s responses.
You have two options for filing a complaint. File with the Texas Workforce Commission Civil Rights Division, and you have 180 days from the discriminatory action. Or file with the federal Equal Employment Opportunity Commission, which gives you 300 days.
Time limits are strict in disability discrimination cases. Knowing your rights and the complaint process helps you protect yourself and hold your employer accountable.
