Disability discrimination occurs when an employer treats an applicant or employee with a qualified disability, or regarded as having a qualified disability, less favorably than other employees or fails to provide a reasonable accommodation for a qualified disability. Disability discrimination is unlawful under the Americans with Disabilities Act (ADA), the Rehabilitation Act and the Texas Labor Code. Disability discrimination claims are challenging for employees for a number of reasons. These claims can be challenging like most employment discrimination claims but carry the added challenge of working within the technical legal definition of a disability and how employers must accommodate them. A disability discrimination attorney can be critical to maneuvering these landmines and giving you the best opportunity to obtain a satisfactory result for disability discrimination under federal and Texas employment laws. Contact Dallas and Fort Worth employment lawyer Adam Kielich if you believe you suffered disability discrimination at work.
Who is disabled under the Americans with Disabilities Act (ADA)
To be protected by the ADA, a person must be qualified for the job he or she is performing or seeking to perform (with or without a reasonable accommodation) and prove he or she is disabled or regarded as disabled in one of three ways: