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. Disability discrimination 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 state employment laws.
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: