Austin Disability Discrimination Attorney
If you believe that you have been denied a reasonable accommodation for a disability or medical condition that you have, or that you have been discriminated against because of your disability or medical condition, the employment attorneys at Terry, Simon & Kelly may be able to help.
Both Federal and Texas law contain protections for workers with disabilities. The three primary features of these laws are:
1. Workers with disabilities are entitled to reasonable accommodations for their disabilities
2. Workers with disabilities are protected against discrimination by the employer
3. Workers whose employers perceive them as having a disability are also protected against discrimination based on that perception
The Americans with Disabilities Act provides that an employer must allow employees with disabilities reasonable accommodations for their disabilities. The only exceptions to this requirement are where the employee cannot perform the essential functions of her job even with the accommodation, or when the accommodation would present an undue hardship for the employer.
Sometimes a reasonable accommodation will be uncontroversial and the employer will have no problem granting it. Other times, however, the employee might seek an accommodation which the employer believes will create an undue hardship on its business. In that case, the employer may attempt to refuse the accommodation.
The law provides, however, that an employer cannot just summarily refuse an accommodation.
If the employer believes that the requested accommodation will create an undue hardship, the employer must still invite the employee to engage in an interactive process to determine whether there are other possible accommodations that might allow the employee to do the job, or whether there are any other jobs within the company the employee could perform. If the employer fails to engage in the interactive process, the law allows employees to bring suit to obtain the accommodation.
If you believe your rights to reasonable accommodation have been violated, call the employment attorneys at TSK today.
Texas and Federal law both prohibit employers from discriminating against workers because of their disabilities or the employer’s perception that they are disabled. This means that if you have a disability, or your employer believes you have a disability even if you do not, your employer cannot take action against you on the job. Any adverse employment action – refusal to hire or promote, reduction in pay, demotion, termination – taken because of your disability is unlawful. Other discriminatory acts, such as paying non-disabled workers more than disabled ones, may also be unlawful.
Contact Our Disability Discrimination Lawyer
If you believe your employer has taken action against you because of your disability, the employment lawyers at Terry, Simon & Kelly may be able to assist you. Call today to schedule a consultation.