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Employment Discrimination for the Disabled

Both the Texas labor code and the federal Americans with Disabilities Act prohibit disability discrimination in employment. These laws make it unlawful for an employer to discriminate against an employee with a disability when making decisions related to hiring, firing, promoting, training, compensating, or other terms of employment. In addition, these laws prohibit an employer from retaliating against an employee for opposing an unlawful act of disability discrimination. Finally, these laws also require an employer to provide reasonable accommodations to permit a person with a disability to perform the essential functions of his or her job.

What to do if your employer discriminates against you because of a disability

  • Contact a lawyer immediately. A lawyer will be able to assist you in filing a claim against your employer and deciding whether or not it would be beneficial to pursue a lawsuit.
  • If contacting a lawyer is not possible, contact the Equal Employment Opportunity Commission or the Texas Workforce Commission.
  • File a charge with the EEOC and the TWC.
  • Keep thorough notes with regard to the type of discrimination you suffered, things that were said or done to you, and keep all records of your employment. These notes will be invaluable if you pursue a lawsuit.

Employee remedies for disability discrimination

In a lawsuit for disability discrimination, an employee may be able to recover:

  • Lost wages and benefits to the time of the trial.
  • Lost wages and benefits into the future.
  • Compensatory damages.
  • Punitive damages.
  • Attorney's fees.

Prior to filing a lawsuit, an employee must file a charge of discrimination with the EEOC and/or the TWC. These agencies enforce the laws protecting employees from disability discrimination.

If you believe that you are being discriminated against in the workplace because of a disability or are a victim of discrimination, contact the Moreland Law Firm. We are experienced in handling cases of disability discrimination and may be able to assist you You may contact the Moreland Law Firm via our website or by calling 512-782-2293.

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Austin Office
The Commissioners House at Heritage Square
2901 Bee Cave Road, Box L
Austin, TX 78746

Phone: 512-782-2293
Fax: 512-782-0605
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700 West Summit Drive
Wimberley, TX 78676

Phone: 512-782-2293
Fax: 512-782-0605
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