In the state of Texas, there are multiple laws and regulations in place that are designed to help ensure employers treat those with disabilities fairly. The Americans with Disabilities Act (ADA) is the main federal set of laws that applies to these situations, but Texas Labor Code Chapter 21 also applies to this topic. If you are an employer in Texas, or an employee with a disability, becoming familiar with these regulations is quite important.
Protection At Every Stage of Employment
The laws and regulations are designed to protect employees through every stage of employment. This begins with protections against discrimination during the interview and hiring stage, and continues through training, normal work, benefits, pay, and all other aspects of their work life.
Right to Reasonable Accommodations
One of the most important things that disability protections offer is the right of employees to have reasonable accommodations provided to them by their employer. This would include things like ramps or elevators to get to their workplace, software to help overcome their disability on a computer, and more. If an accommodation can be made without causing an unreasonable financial or other burden to the company, it must be done.
Mental Disabilities
Many people don’t realize that mental disabilities are protected under the various laws and regulations. In order to exercise your rights, however, it is necessary to have a diagnosis from a competition healthcare provider. Examples of mental health disabilities include learning disabilities, emotional illness, and others. If you have been diagnosed with a mental disability of any kind, it is important to talk with your manager or HR representative to ensure they are aware of the situation and what they can do to help.
Burden of Proof
In the event that a lawsuit needs to be filed against an employer, the burden of proof will rest on the employee bringing the suit. This means you need to be able to present proof that you have been treated unfairly in a way that violates one or more of the disability protection laws or regulations. In order to do this, you will need to document any actions (or lack of actions) that are taken by the employer that are in violation of the relevant laws.
You Need an Experienced Attorney
If you feel that you are being discriminated against, you need to speak with an experienced attorney. They will be able to help guide you through any potential lawsuits, and take steps to protect your legal rights. Contact Amsberry Law to schedule a consultation and develop a plan of action today.
Attorney Russell J.G. Amsberry
Attorney Russell J.G. Amsberry founded the Amsberry Law Firm in 1995 with the goal of providing clients with exceptional, focused representation on their issues. His success as a legal advocate has been reflected in the numerous professional honors he has received, such as speaking engagements and inclusion in Scene in SA magazine’s listing of the best lawyers in San Antonio, a Distinguished rating from Martindale-Hubble, and an amazing rating from Avvo. [ Attorney Bio ]
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