Tyler Disability Discrimination Attorney

Board Certified Employment Lawyer in Tyler

According to the Texas Labor Code Chapter 21 and the Americans with Disabilities Act (ADA), employers are prohibited from discriminating against applicants or employees with disabilities. These laws serve as crucial protections designed to create fair workplace environments, ensuring that individuals with disabilities receive equitable opportunities and are not unfairly marginalized.

This law applies to individuals who meet one or more of the following requirements:

• You have a physical or mental disability that significantly diminishes one's ability to participate in one or more major life activities
• You have a history of having a disability
• You are regarded as being an individual that has a disability

If you meet any of the above stipulations and believe you have been discriminated against by an employer due to a disability, you can file a complaint against them. The Hommel Law Firm is here to guide you through the process of ending employer discrimination and can help you pursue compensation for the damages you have suffered.

Contact a Tyler disability discrimination lawyer at (903) 412-3788 or contact the firm online to schedule a case evaluation.

Laws & Protections Against Disability Discrimination

Employers in Texas are subject to several state and federal anti-discrimination laws related to disabilities. These laws are designed to protect workers with disabilities from unfair treatment by employers.

Employers with at least 15 employees must not discriminate based on disability in matters related to:

• Hiring
• Training
• Firing
• Compensation
• Terms
• Conditions
• Privileges

There are several additional provisions regarding disability discrimination in the Texas Labor Code, including:

• Employers must not engage in discriminatory advertising of jobs
• Employers may not ask an applicant if they have a disability; they may only ask about one's ability to perform particular job functions
• Employers must not offer a job based on the results of a medical exam unless the exam is required for all new hires who perform similar jobs
• Employment agencies cannot discriminate in employee referrals based on disability
• Labor unions are not permitted to expel, exclude, or otherwise discriminate based on an individual's disability
• Employers, employment agencies, and labor unions are forbidden from retaliating against individuals for opposing discriminatory practices or filing a disability discrimination complaint
• State agencies and State elected officials are required to adhere to non-discrimination laws even if they have less than 15 employees

What to Do If You Face Disability Discrimination in the Workplace

Unfair treatment by an employer because of a disability can significantly impact victims. It affects both professional opportunities and personal well-being. Fortunately, current and former employees, as well as individuals who applied for employment, have the opportunity to file a complaint if they believe they have been discriminated against due to a disability. You are also entitled to file a complaint if you have experienced retaliation for opposing such discriminatory activity.

To file a complaint with the Texas Workforce Commission's Civil Right Division, you must meet several requirements, including:

• The location of your place of work must be within the state of Texas
• Your place of employment must have a minimum of 15 employees
• The date of the discrimination based on disability took place within 180 days of filing the complaint
• You must be able to identify a specific type of employment harm such as refusal to hire, denial of promotion, demotion, or termination

As an alternative to filing a complaint with the TWC-CRV, you may submit a disability discrimination complaint with the federal administrative agency, the Equal Employment Opportunity Commission (EEOC). The filing deadline for this agency is 300 days within the date of discrimination. You must only file to one agency to avoid jurisdictional overlap that can complicate your disability discrimination claim.

Understanding Your Rights in Disability Discrimination Cases

It's important to know that individuals with disabilities are protected from discrimination in the workplace under both federal and state laws. These protections ensure that individuals receive fair treatment and have an avenue for recourse if they experience bias. If you believe you have experienced disability discrimination, it's crucial to understand your rights and take action to protect yourself.

Our Tyler disability discrimination lawyer at Hommel Law Firm is well-versed in the laws against disability in discrimination in Texas and can provide you with the guidance and support you need to seek justice. We can help you navigate the legal process and ensure that your rights are upheld.

Some key points to consider in disability discrimination cases include:

• Reasonable accommodations for individuals with disabilities
• Protections against retaliation for asserting your rights
• Filing a complaint with the Equal Employment Opportunity Commission (EEOC)
• Potential remedies available for victims of disability discrimination, including possible compensation for lost wages or reinstatement to positions.

If you have faced disability discrimination in the workplace, don't hesitate to contact our firm today for a consultation. Our disability discrimination lawyer in Tyler is dedicated to fighting for the rights of individuals with disabilities and providing the legal representation you deserve. Our commitment is to ensure that every individual is offered the respect and opportunities they deserve in their place of work.

Contact the Disability Discrimination Attorney in Tyler

The Hommel Law Firm is here to assist you in filing a claim against your employer for disability discrimination. In addition to assisting with initial complaints, we provide comprehensive support throughout the entire legal process. If your claim is denied, I can help you file a lawsuit. I have already taken over 100 cases to trial to obtain jury verdicts. I have the knowledge and resources to help you pursue the outcome you deserve.

Call (903) 412-3788 today to discuss your case with a Tyler disability discrimination attorney.