Fort Worth disability discrimination lawyers represent clients in disability employment discrimination lawsuits in Fort Worth, Dallas and other parts of Texas. Disability discrimination happens when an employer discriminates against an employee or applicant with a disability on the basis of that disability or refuses to provide a reasonable accommodation for a disability. If you believe your employer discriminated against you on the basis of a disability then you should talk to a Fort Worth disability discrimination lawyer .
Disability discrimination in Fort Worth, Texas
Disability discrimination in employment is unlawful under the Texas Labor Code, ADA and other federal statutes. Under these employment discrimination laws an employer may not discriminate on the basis of a disability. An employer might discriminate in hiring, firing, promoting, demoting, pay cuts, pay raises, job assignments, or harassment. An employer also has a duty to provide a reasonable accommodation to a disability that allows an employee meaningful access to the workplace or to perform the essential functions of the job.
Disability discrimination claims are particularly complex because anti-discrimination laws use highly technical definitions for many of the key terms. The definition of a disability under the ADA and Texas Labor Code is specific and a source of disagreement in disability discrimination lawsuits. Similarly, a disability discrimination claim may be the subject of dispute over the application of “essential functions” and “reasonable accommodations” as defined by the statutes.
Reasonable accommodation claims
Reasonable accommodation claims are particularly challenging without a thorough understanding of employment discrimination law. These claims carry all the challenges of proving the elements of a disability under the ADA and Texas Labor Code. However, a reasonable accommodation claim is not just a claim for inferior treatment; but a claim that the employer failed to do something to help the employee. What is reasonable and what is an accommodation are both technical, legal questions. The bar for reasonableness is high but does not require an employer to do everything or anything a disabled employee requests.
Often a problem arises in which the employee requests one specific accommodation without any flexibility. Under the ADA and Texas Labor Code an employer only has to offer a reasonable accommodation that is truly both reasonable and an accommodation. The employer is not required to offer the best accommodation or the specific accommodation requested by the employee. If you have a reasonable accommodation problem with your employer then you should speak to a Fort Worth disability discrimination lawyer.
How a Fort Worth disability discrimination lawyer can help
Maneuvering a disability discrimination lawsuit in Texas begins with understanding employment discrimination laws and the meaning of the key terms of the statute. Disability discrimination claims often require a pre-suit process to preserve claims before an employee may file a lawsuit. Failure to understand the processes and legal structure of a disability discrimination claim can doom the claim and the employee. A successful claim for disability discrimination can result in an award of damages including lost wages, mental anguish, out of pocket losses, attorney’s fees and court costs. An employee or applicant who believes disability discrimination played a role in a workplace decision should contact a Fort Worth disability discrimination lawyer to discuss the situation and possible remedies.