Texas Labor Code, the Family Medical Leave Act (FMLA), and federal laws prohibit job discrimination and termination motivated by disability status. In California, the California Fair Employment Act also makes it illegal for an employee to be discriminated against for physical or mental disability. In both states, if an employee has a known or assumed disability, or a prior history of disability, it’s illegal to terminate employment based on assumptions that disability will impair the worker’s performance or attendance. In the event these laws are broken, and an employee is terminated, the employer is taking away employment opportunities and an individual’s working rights.
It is also important to note that employers are required by law to provide reasonable accommodations to assist the employee’s ability to perform essential job functions. If you are concerned that termination of employment is potentially motivated by disability discrimination, or whether accommodations are necessary and reasonable, contact Attorney Janovsky for a consultation. As a legal expert, she will research your case and advise you on how to move forward with a disability discrimination case. The goal is to work on your behalf and ensure your employer is held accountable if s/he acted in a discriminatory manner.
Examples of Disability Discrimination
If an employer has treated you unfairly because of your disability, has withheld career opportunities from you because s/he does not think you are as capable as other “able-bodied” employees, has failed to accommodate your disability, or has terminated you because of your disability, you may be able to take legal action. In both Texas and California, it is illegal for an employer to treat a person with disabilities differently than they would anyone else, and they must be held accountable in the event they have acted unlawfully.
In 2008, a law was passed that strengthened the Americans with Disabilities Act (ADA) in numerous ways. The main intention of the law was to protect the employee rights for individuals with disabilities. Over the last decade, this law has provided individuals with disabilities further protection from being wrongfully terminated or discriminated against in a workplace setting. According to this law and other Texas employment laws, an employer cannot discriminate against a person with disabilities in the following:
● Job application procedures
● Job training and onboarding
● Privileges of employment
Discrimination comes in many different forms and can be both obvious and subtle. Stereotypes and avoidance are also examples of disability discriminations that are not as commonly discussed. If you believe that you are the victim of disability discrimination in either Texas or California, please contact Janovsky & Associates right away. Regardless of the form it takes, discrimination of any nature based on disability is against the law. You have rights as a citizen of the United States and our attorneys are here to help you understand what these rights are.
Legal Disclaimer: The information provided on this website is not legal advice, and does not establish an attorney-client relationship. The information is provided for informational purposes only.