Disability Discrimination - Austin
To discuss a claim for disability discrimination with an Austin employment lawyer, schedule a consultation with our law firm today. Both federal and state laws prohibit disability discrimination in the workplace. In addition to preventing disability discrimination, the Americans with Disabilities Act (“ADA”) requires an employer to provide reasonable accommodations to any employee with a disability.
After the ADA was first passed, the courts narrowly interpreted the meaning of "disability." However, congress amended the ADA in 2009. Now the term disability includes any medical condition that affects a major life activity. Common disabilities include anxiety, depression, bi-polar disorder, migraines, diabetes, cancer, HIV/AIDS, and PTSD. If you want to discuss whether the ADA covers your medical condition, schedule a consultation with an Austin employment lawyer today.Protection Against Retaliation in the Workplace
The ADA not only prohibits disability discrimination in the workplace, but the law prohibits retaliation against employees who complain about disability discrimination or an employee who requires an accommodation. The law also prohibits an employer from retaliating against an employee who complains about gender discrimination, race discrimination, sexual harassment, religion discrimination, as well as other specific forms of discrimination. Such retaliation may lead to a claim for discrimination, retaliation, and/or wrongful termination.
If you are experiencing retaliation because you have asked for a reasonable accommodation or have complained about unlawful disability discrimination, schedule a consultation with an Austin employment lawyer today.What is a Reasonable Accommodation under the ADA?
Disputes often arise when employees and employers attempt to decide what constitutes a reasonable accommodation under the ADA. Under the law, an employer is only required to provide an accommodation that is reasonable. Additionally, an employer cannot simply deny an employee’s request for accommodation. The process can be complex and varies depending on the facts of each case.
An employer must engage in the interactive process to determine what is reasonable under the law. For example, an employer cannot simply deny a request for an accommodation without having a conversation with the employee about why the accommodation is needed and what else may be done to provide a reasonable accommodation under the ADA.
Additionally, it is against the law for an employer to retaliate against an employee for complaining about discrimination or for filing a charge of discrimination with the United States EEOC. The EEOC is the government agency tasked with investigating discrimination claims. It is important that a charge of discrimination is correctly filed in a timely manner. Otherwise, an employee may lose the right to pursue the claim.
To discuss your need for a reasonable accommodation with an Austin employment lawyer, contact our employment law firm to schedule a consultation.
Contact an Austin employment lawyer with our firm to discuss your claim for disability discrimination or retaliation in the workplace. It is important to take action within the applicable limitations period to prevent the risk that you may lose your right to bring a claim. Contact an Austin employment lawyer today.