Category Archives: Disability Discrimination

Houston Court of Appeals Holds That an Employee Recently Released from a Drug Rehab Program Is a “Current” Drug Addict for Purposes of Disability Discrimination

The disability discrimination statutes under both federal and state law expressly exclude current drug addiction as a disability. In Melendez v. Houston Independent School District, No. 14-12-00946-CV (Tex. App. — Houston [14th Dist.] Dec. 5, 2013), the Fourteenth Court of Appeals considered the application of that rule to an employee who had recently been released… Read More »

The EEOC Issues Guidance for Mental Health Providers in Reasonable Accommodation Cases

The EEOC has jurisdiction over claims for disability discrimination under the Americans with Disabilities Act.  Many cases under the ADA involve an employer’s duty to provide reasonable accommodations to a disabled employee. In the case of mental disabilities, the reasonable accommodation issue can often be difficult because the nature of many mental disabilities (such as… Read More »

The EEOC Revises Its Guidance on Specific Disabilities Under the ADA

The EEOC has jurisdiction over claims of disability discrimination under the Americans with Disabilities Act.  The EEOC has issued specific guidelines for certain disabilities.  The EEOC has now revised those guidelines.  The revised guidelines are: Cancer in the Workplace Diabetes in the Workplace Epilepsy in the Workplace Intellectual Disabilities in the Workplace These guidelines provide… Read More »

The EEOC Revises Its Guidance on Specific Disabilities Under the ADA

The EEOC has jurisdiction over claims of disability discrimination under the Americans with Disabilities Act.  The EEOC has issued specific guidelines for certain disabilities.  The EEOC has now revised those guidelines.  The revised guidelines are: Cancer in the Workplace Diabetes in the Workplace Epilepsy in the Workplace Intellectual Disabilities in the Workplace These guidelines provide… Read More »

What Is Disability Discrimination in Texas?

This is a short guide to the principles of law that govern claims for employment discrimination based on disability status.  There are two statutes that apply: the Americans with Disabilities Act (ADA) and Chapter 21 of the Texas Labor Code. 1. What is a Disability? Until 2008, this was the key question in almost all… Read More »