Houston Disability Discrimination Lawyer Advocates for Workers
Texas employment law attorney handles ADA claims
Millions of Americans are able to overcome various types of impairments and continue working as productive employees. However, individuals with disabilities still face discrimination on the job. Laws such as the Americans with Disabilities Act (ADA) and Chapter 21 of the Texas Labor Law Code prohibit this type of workplace bias and require employers to make reasonable accommodations for people who can still handle the requirements of their position. The Law Offices of David C. Holmes in Houston advises workers who have been mistreated because of a medical condition as well as employers who seek guidance on how to maintain compliance with these laws.
What is disability discrimination?
Attorney David C. Holmes has more than 35 years of legal experience and uses that background to provide effective representation to a wide range of Texas clients. Illegal discrimination against people with disabilities takes many forms. Your claim might relate to one of the following:
- Unfair hiring process
- Lack of training
- Reduced compensation
- Poor job assignments
- Failure to promote
- Denial of benefits
- Layoff discrimination
- Wrongful termination
An employer cannot discriminate against you because you have a record of disability or because the employer regards you as disabled. In addition to the ADA, these protections are now separately available under Texas employment law.
At one time, the courts had greatly limited the scope of the disabilities laws by restricting the definition of a "disability" to only the most serious conditions. In 2008, Congress reversed those court rulings by passing the ADA Amendments Act. Now, a large number of health conditions can qualify as a disability. This includes visual impairments, hearing impairments, back and joint problems, chronic pain and discomfort, intermittent conditions and many other types of health conditions.
What is a reasonable accommodation?
Though the law makes clear that employers must make reasonable accommodations for workers with disabilities, there can be a great deal of conflict over how that standard is applied. Businesses are excused from making these accommodations when doing so would cause undue hardship. Likewise, employers do not have to bend so far as to excuse a disabled worker from performing a fundamental job duty. If you are unsure as to whether a sought after adjustment would be considered reasonable under the law, our firm can evaluate your case.
What types of disability accommodations can I request?
The particular accommodation that is appropriate depends on the particular disability and workplace. They can include:
- Ramps and elevators
- Assistive technology to help those with vision or hearing problems
- Schedule adjustments to attend treatment and/or rehabilitation
- Remote work if possible
- Change of work station to increase accessibility
Having practiced in this field through the entire lifetime of the ADA, David C. Holmes has keen insight regarding what adjustments are typically deemed reasonable.
How does a claimant prove their disabilities discrimination case?
Several elements must be present in order for a claimant to succeed in their disability discrimination case, such as:
- Medical records and other evidence showing an impairment that significantly limits a life activity
- Evidence that the claimant can still perform essential job functions
- Proof that with a reasonable employer accommodation, the claimant could complete their work
Each situation has unique elements, so if you require assistance in a disability discrimination case before a government agency or in court, our firm will construct a strategy tailored to your circumstances and needs.
What damages can victims of disabilities discrimination receive?
If you left a job because your employer failed to comply with the ADA, you might receive one or more types of remedies. You could collect back pay or even have your job reinstated. When the adverse job action harms your career, you might also receive reimbursement for the decrease in your future earning capacity. It is also possible to obtain compensation for the mental anguish that you suffered as a result of the discrimination. Your employer could also be required to make changes at the workplace to accommodate you and others in a similar situation.
Contact a Houston lawyer for a free consultation about your disability discrimination case
The Law Offices of David C. Holmes in Houston provides knowledgeable legal counsel to Texans about disability discrimination issues. To make an appointment for a free initial consultation, please call 713-586-8862 or contact us online.