The Americans with Disabilities Act (ADA) and Chapter 21 of the Texas Labor Code prohibit discrimination against job applicants and employees on the basis of their disability at all employment stages, including during the hiring, firing, compensation, leave of absence, and other terms and conditions of employment. Austin employment discrimination lawyer can help you get justice.
Texas employers with at least 15 workers are subject to these rules. An individual must either (1) have a physical or mental impairment that significantly restricts one or more major living activities, (2) have a record of having an impairment, or (3) be seen as having an impairment in order to qualify under the ADA.
When an employer learns about an employee’s disability, what should the employer do?
To be able to carry out the essential duties of their work, disabled employee must first ask their employer for accommodation. The ADA requires employers to be aware of a qualifying disability in an applicant or employee to make reasonable accommodations for that person. Such modifications to an employee’s workspace, schedule, supplementary accessible training, and job reorganization or transfer to an open position for which the individual is qualified are all examples of accommodations.
However, employers are not required to make modifications that would make it difficult or expensive for them to operate their company. This is referred to as an “undue hardship” on the employer’s part. The employer must use an interactive approach to establish reasonable accommodations when an employee informs them of their condition.
Who and what is covered by the ADA?
Employers are not permitted to just inquire about a candidate’s or employee’s handicap; instead, they are allowed to inquire about the candidate’s or employee’s capacity to carry out particular job-related duties.
Unless they are work-related, applied consistently, and in line with the employer’s legitimate business needs, employment offers based on medical examination findings are likewise unlawful for employers to impose. In addition to unpleasant words and mocking, harassment based on a person’s handicap or history of impairment can also constitute disability discrimination.
The ADA covers a wide range of physical and mental impairments, both common and uncommon, including particular cognitive problems and a history of drug addiction.
Do I have to show my employer medical documentation?
Employers are typically permitted to request medical paperwork from a doctor that demonstrates an employee’s need for a reasonable accommodation. Still, they are not permitted to make employees pay for their own accommodations or to get less pay in exchange for providing accommodation.
The ADA also forbids discrimination based on an employee’s relationship with a person with a handicap and safeguards employees from being fired for seeking to exercise their rights.