Disability Discrimination Lawyer in Texas

Disability Discrimination Lawyer

Americans & Texans alike have rights against disability discrimination. In the United States, federal laws like the Americans with Disabilities Act (ADA) make disability discrimination illegal in various areas including the workplace, public spaces, and education. These laws apply to all states, including Texas.

The ADA requires employers to provide reasonable accommodations to employees with disabilities. Reasonable accommodations may include:

  • Providing special equipment or a flexible schedule.
  • Modified work schedules.
  • Policy modifications.
  • Leave time.
  • Working from home or telecommuting.
  • Alternative training material
  • Sign language interpreters

Assuming your requests do not cause your employer or potential employer significant financial strain or difficulty, then your requests should be honored with no issue.  

If you feel like your disability is preventing you from getting hired, promoted, or has led to your termination, you have rights. The disability discrimination lawyers at Jackson Spencer Law have many years of experience representing victims of workplace discrimination and a track record of obtaining significant settlements and awards for our clients.

Jump to:
What is Disability Discrimination?
ADA Laws
Can I Sue for Disability Discrimination?
What to Do if You’re a Victim of Disability Discrimination

Disability Discrimination Lawyer

Americans & Texans alike have rights against disability discrimination. In the United States, federal laws like the Americans with Disabilities Act (ADA) make disability discrimination illegal in various areas including the workplace, public spaces, and education. These laws apply to all states, including Texas.

The ADA requires employers to provide reasonable accommodations to employees with disabilities. Reasonable accommodations may include:

  • Providing special equipment or a flexible schedule.
  • Modified work schedules.
  • Policy modifications.
  • Leave time.
  • Working from home or telecommuting.
  • Alternative training material
  • Sign language interpreters

Assuming your requests do not cause your employer or potential employer significant financial strain or difficulty, then your requests should be honored with no issue.  

If you feel like your disability is preventing you from getting hired, promoted, or has led to your termination, you have rights. The disability discrimination lawyers at Jackson Spencer Law have many years of experience representing victims of workplace discrimination and a track record of obtaining significant settlements and awards for our clients.

Jump to:
How to Identify Disability Discrimination
What to Do If You’re the Victim of Disability Discrimination
Disability Discrimination Laws
The Disability Discrimination Lawyers at Jackson Spencer Law Can Help

What is Disability Discrimination?

Disability discrimination is when individuals with disabilities are treated less favorably because of their disability. This discrimination can happen in employment, education, access to public places, and provision of services and facilities. Disability can also be considered harassment in some instances.Disability discrimination can take many forms in the workplace, including:

  • Firing, failing to promote, or refusing to hire an individual because of their disability
  • Treating an employee differently because of their disability
  • Not providing reasonable accommodations for disabled employees who need them
  • Harassment, which can include discriminatory jokes, insults, or name-calling based on an employee’s disability or the disabled community at large
  • Excluding an employee from work sponsored groups or activities based on their disability.
  • Refusing to give an employee healthcare coverage upon job offering after stating their disability would be covered via the healthcare program for the company.
  • Minimizing or dismissing certain disabilities or comparing various disabilities to determine treatment of employees (including denying accommodations to those with invisible disabilities)
  • Using coded language to deny job duties or justify a failure to promote or failure to hire (e.g. “We need someone strong to work in this position,” or, “I need a normal person to take this account.”)
  • Retaliation: Employers are prohibited from retaliating against an employee who has requested a reasonable accommodation for their disability or who has reported discrimination.

Facing the difficult task of filing a disability discrimination claim can be even more challenging when you are up against an employer’s legal team. Your employer’s human resources department may try to downplay your concerns or convince you not to file a complaint.

What is Disability Discrimination?

Disability discrimination is when individuals with disabilities are treated less favorably because of their disability. This discrimination can happen in employment, education, access to public places, and provision of services and facilities. Disability can also be considered harassment in some instances.Disability discrimination can take many forms in the workplace, including:

  • Firing, failing to promote, or refusing to hire an individual because of their disability
  • Treating an employee differently because of their disability
  • Not providing reasonable accommodations for disabled employees who need them
  • Harassment, which can include discriminatory jokes, insults, or name-calling based on an employee’s disability or the disabled community at large
  • Excluding an employee from work sponsored groups or activities based on their disability.
  • Refusing to give an employee healthcare coverage upon job offering after stating their disability would be covered via the healthcare program for the company.
  • Minimizing or dismissing certain disabilities or comparing various disabilities to determine treatment of employees (including denying accommodations to those with invisible disabilities)
  • Using coded language to deny job duties or justify a failure to promote or failure to hire (e.g. “We need someone strong to work in this position,” or, “I need a normal person to take this account.”)
  • Retaliation: Employers are prohibited from retaliating against an employee who has requested a reasonable accommodation for their disability or who has reported discrimination.

Facing the difficult task of filing a disability discrimination claim can be even more challenging when you are up against an employer’s legal team. Your employer’s human resources department may try to downplay your concerns or convince you not to file a complaint.

ADA Laws

Discrimination against disabled employees is a violation of the Americans with Disabilities Act (ADA). The ADA is a federal law that provides protection for individuals in the workplace and prohibits discrimination based on disability. Employers are required to provide reasonable accommodations that allow an employee to perform their job duties, but they may not discriminate or retaliate against an individual who has a disability or who has requested an accommodation.

The ADA defines “disability” as any physical or mental impairment that significantly interferes with one’s ability to perform their job duties, and it also includes conditions such as cancer, genetic disorders, and HIV/AIDS. The ADA’s definition of disability includes what many refer to as “invisible disabilities,” such as:

  • dyslexia 
  • post-traumatic stress disorder (PTSD) 
  • autism

Employers are not only required to provide reasonable accommodations for employees who have a disability and are qualified to perform their job duties; they are also required to participate in an interactive dialogue with employees who request an accommodation due to disability.

The Americans with Disabilities Act (ADA) does not provide a list of all specific disabilities it covers. The ADA does however define a general disability. Under the ADA, a person with a disability is someone who meets a general criteria. 

Physical or Mental Impairment that substantially limits one or more major life activities. Major life activities include functions such as:

  • walking
  • talking
  • seeing
  • hearing
  • breathing
  • learning
  • performing manual tasks
  • caring for oneself

Conditions like blindness, deafness, mobility impairments, chronic illnesses (like diabetes or epilepsy), and mental health conditions (like depression or PTSD) fall under this category.

Has a Record of Such an Impairment: This means that the person has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.

  • Is Regarded as Having Such an Impairment: This category includes individuals who may not have a disability but are treated by an employer or other entity as having a disability.

The ADA’s broad definition of disability ensures that it covers a wide range of conditions, both visible and invisible. This includes, but is not limited to:

  • Mobility impairments requiring the use of a wheelchair or other aids
  • Blindness or low vision
  • Deafness or being hard of hearing
  • Intellectual disabilities
  • Autism spectrum disorders
  • Chronic illnesses like heart disease, diabetes, or HIV/AIDS
  • Mental health conditions like depression, anxiety disorders, bipolar disorder
  • Learning disabilities like dyslexia

Employees who believe that they were terminated, demoted, or not hired because of a disability, or those who were denied a reasonable accommodation after requesting one, should speak with an experienced employment law attorney as soon as possible.

Discrimination against disabled employees is a violation of the Americans with Disabilities Act (ADA). The ADA is a federal law that provides protection for individuals in the workplace and prohibits discrimination based on disability. Employers are required to provide reasonable accommodations that allow an employee to perform their job duties, but they may not discriminate or retaliate against an individual who has a disability or who has requested an accommodation.

The ADA defines “disability” as any physical or mental impairment that significantly interferes with one’s ability to perform their job duties, and it also includes conditions such as cancer, genetic disorders, and HIV/AIDS. The ADA’s definition of disability includes what many refer to as “invisible disabilities,” such as:

  • dyslexia 
  • post-traumatic stress disorder (PTSD) 
  • autism

Employers are not only required to provide reasonable accommodations for employees who have a disability and are qualified to perform their job duties; they are also required to participate in an interactive dialogue with employees who request an accommodation due to disability.

The Americans with Disabilities Act (ADA) does not provide a list of all specific disabilities it covers. The ADA does however define a general disability. Under the ADA, a person with a disability is someone who meets a general criteria. 

Physical or Mental Impairment that substantially limits one or more major life activities. Major life activities include functions such as:

  • walking
  • talking
  • seeing
  • hearing
  • breathing
  • learning
  • performing manual tasks
  • caring for oneself

Conditions like blindness, deafness, mobility impairments, chronic illnesses (like diabetes or epilepsy), and mental health conditions (like depression or PTSD) fall under this category.

Has a Record of Such an Impairment: This means that the person has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.

  • Is Regarded as Having Such an Impairment: This category includes individuals who may not have a disability but are treated by an employer or other entity as having a disability.

The ADA’s broad definition of disability ensures that it covers a wide range of conditions, both visible and invisible. This includes, but is not limited to:

  • Mobility impairments requiring the use of a wheelchair or other aids
  • Blindness or low vision
  • Deafness or being hard of hearing
  • Intellectual disabilities
  • Autism spectrum disorders
  • Chronic illnesses like heart disease, diabetes, or HIV/AIDS
  • Mental health conditions like depression, anxiety disorders, bipolar disorder
  • Learning disabilities like dyslexia

Employees who believe that they were terminated, demoted, or not hired because of a disability, or those who were denied a reasonable accommodation after requesting one, should speak with an experienced employment law attorney as soon as possible.

Can I Sue for Disability Discrimination?

In many cases, victims do not report their experiences because they fear that no one will believe them or take them seriously. At Jackson Spencer Law, our experienced disability discrimination attorneys will ensure your story is heard. If you are facing workplace disability discrimination, we can inform you of your rights, determine if you have a valid claim, and help improve your chances of legal success.

We’re proud of what we’ve accomplished on behalf of our clients and thrilled when justice prevails. We’re committed to achieving justice for workers and we have many success stories working with victims of workplace discrimination, including:

  • Obtaining a $101,550 settlement for an employee who was terminated after taking leave for brain tumor surgery
  • Winning $56,148 for an employee who was terminated after requesting reasonable accommodations based on their diagnoses of sclerosis of the liver
  • Collecting $48,520 for a client who needed FMLA leave and short-term disability

Can I Sue for Disability Discrimination?

In many cases, victims do not report their experiences because they fear that no one will believe them or take them seriously. At Jackson Spencer Law, our experienced disability discrimination attorneys will ensure your story is heard. If you are facing workplace disability discrimination, we can inform you of your rights, determine if you have a valid claim, and help improve your chances of legal success.

We’re proud of what we’ve accomplished on behalf of our clients and thrilled when justice prevails. We’re committed to achieving justice for workers and we have many success stories working with victims of workplace discrimination, including:

  • Obtaining a $101,550 settlement for an employee who was terminated after taking leave for brain tumor surgery
  • Winning $56,148 for an employee who was terminated after requesting reasonable accommodations based on their diagnoses of sclerosis of the liver
  • Collecting $48,520 for a client who needed FMLA leave and short-term disability

What to Do If You’re the Victim of Disability Discrimination

Those who break anti-discrimination laws should be held accountable for their actions.

If you are facing discrimination, harassment, or retaliation because of your disability, here are some helpful tips to follow:

  • It can be tempting to react emotionally when you’re being bullied or experiencing discrimination, but this will only hurt your case. Instead of using curse words or threatening gestures, try remaining calm and collected; there are many ways you can take action without hurting your case.
  • Keep a record of incidents of discrimination or unfairness in a notebook you keep at home. Record details such as date, time, location, and the names of anyone involved, including witnesses.
  • Report discriminatory treatment to your company’s human resources department. Use specific words when you report, and be detailed about what has happened (e.g. “My supervisor is harassing me due to my disability.”) If your employer has a policy for reporting mistreatment, be sure to follow the policy. If your employer reacts poorly to your report, you may have a claim for retaliation in addition to discrimination.
  • Finally, contact an employee rights lawyer. An attorney can evaluate whether you have a legal claim, and help improve your chances of a successful outcome.

No Guarantee of Results

The descriptions above are intended only to provide information about the activities and experience of our attorneys and are not intended to be a guarantee or assurance of future success in any matter. Each matter described was dependent upon unique facts and circumstances, which are not fully detailed on this website, and should not be relied on to predict the results of any current or future matter.

Those who break anti-discrimination laws should be held accountable for their actions.

If you are facing discrimination, harassment, or retaliation because of your disability, here are some helpful tips to follow:

  • It can be tempting to react emotionally when you’re being bullied or experiencing discrimination, but this will only hurt your case. Instead of using curse words or threatening gestures, try remaining calm and collected; there are many ways you can take action without hurting your case.
  • Keep a record of incidents of discrimination or unfairness in a notebook you keep at home. Record details such as date, time, location, and the names of anyone involved, including witnesses.
  • Report discriminatory treatment to your company’s human resources department. Use specific words when you report, and be detailed about what has happened (e.g. “My supervisor is harassing me due to my disability.”) If your employer has a policy for reporting mistreatment, be sure to follow the policy. If your employer reacts poorly to your report, you may have a claim for retaliation in addition to discrimination.
  • Finally, contact an employee rights lawyer. An attorney can evaluate whether you have a legal claim, and help improve your chances of a successful outcome.

No Guarantee of Results

The descriptions above are intended only to provide information about the activities and experience of our attorneys and are not intended to be a guarantee or assurance of future success in any matter. Each matter described was dependent upon unique facts and circumstances, which are not fully detailed on this website, and should not be relied on to predict the results of any current or future matter.

Contact Us To See If We Can Help

    Contact Us To See If We Can Help