The Americans with Disabilities Act prohibits employers from discriminating against employees or applicants with disabilities.
Under the Americans with Disabilities Act (ADA), it is unlawful for an employer to discriminate against an employee or applicant with a disability. The ADA’s protection extends to conduct involving applicants and employees in the terms, privileges and conditions of employment. It is illegal for an employer to fire you, demote you or otherwise affect a term or condition of your employment based on your disability.
An employer cannot ask you if you are disabled during an interview. Likewise, if it is obvious that you are disabled, then your employer or prospective employer cannot ask you about your condition. An employer can ask about your ability to do your job or prospective job. In the end, you cannot be kept from a job because you are disabled.
It is also illegal for an employer to discriminate against a non-disabled individual because of that person’s association with a disabled individual.
To be considered disabled under the ADA, you must, with or without reasonable accommodation, be able to perform the essential functions of the job that you hold or seek. An individual is disabled under the ADA if he or she: has a physical or mental impairment that substantially limits one or more major life activity (e.g., breathing, seeing, hearing, caring for self, walking); has a record of an impairment; or is regarded as having such an impairment.
If you are disabled under the ADA, then your employer must provide a reasonable accommodation for you, unless doing so would impose an undue hardship on your employer.
Because whether an employer must provide you a reasonable accommodation is fact-specific, please contact us today so we can help you determine if your employer must provide you a reasonable accommodation.
An employer must have fifteen or more employees for each working day in each of twenty or more calendar weeks to be covered by the ADA.
Like claims under Title VII, an employee must first file a charge of discrimination with either the Texas Workforce Commission or the Equal Employment Opportunity Commission. There are very specific deadlines from which you must file your charge of discrimination, and you must file your charge of discrimination before you can file a lawsuit.
If you think your disability is the reason for your employment discrimination, please contact a Houston disability discrimination lawyer at Herbert & McClelland LLP. Texas employment law attorney and “Super Lawyer” Shane A. McClelland represents clients in disability discrimination cases including ADA, Americans with Disabilities Act claims and employment lawsuits in Houston, Texas, and throughout the United States.