Legal And Personal Insight Into Disability Discrimination Claims
People with disabilities often feel invisible. It is especially difficult for a person with a disability to feel heard in the workplace; these people often face challenges that nondisabled people simply don’t understand. If you are facing discrimination in the workplace, you don’t have to face it alone.
My name is Ashok Bail. For nearly two decades, I have provided my clients with skilled legal representation in Texas disability claims. For the last ten years, I have been confined to a wheelchair, and I understand the difficulties those with disabilities face. I know what you’re experiencing and I want to help you move forward.
If you are facing problems at work you suspect might be related to your disability, or if your employer won’t agree to a reasonable accommodation, call me at 832-616-7545 or send me an email to set up a free consultation about your options.
Disability Discrimination Is Common, And I Can Often Help
The fact is, many employers implicitly discriminate against employees with disabilities, whether they realize it or not. Many workplaces across Houston are simply not created with people with disabilities in mind, and often, Texas employers will shy away from hiring anyone with a disability.
It is illegal for any employer to use your disability status as a reason to:
- Not hire you
- Terminate or suspend you
- Refuse to train you on a task
- Deny you a promotion
If you are interviewing for a job or are currently working somewhere, you and your employer must have a frank, real discussion about reasonable accommodations to help you complete your work. Anything less is a violation of the law.
Frequently Asked Questions About Disability Discrimination Claims
Below, I have provided concise answers that can help you understand how to protect your disability claim under Texas and federal employment laws.
How can I show that my disability played a role in workplace discrimination?
To prove disability discrimination, you need evidence showing that your employer knew about your disability and took negative action because of it. This may include emails, performance reviews, witness statements, medical documentation, accommodation requests or notes showing a sudden change in treatment after your disability became known.
Helpful evidence may show:
- You were qualified to perform the job.
- Your employer knew about your disability.
- You were denied reasonable accommodation.
- You were disciplined, demoted, terminated or treated worse than others.
- The employer’s explanation does not match the facts.
As your attorney, I can help organize this evidence and connect it to the legal elements of a disability discrimination claim.
What is the filing deadline for a disability discrimination claim in Texas?
An employee has 180 days from the date of the discriminatory act to file a workplace discrimination complaint with the Texas Workforce Commission Civil Rights Division.
For many federal disability discrimination claims filed through the EEOC, the deadline may be up to 300 days because Texas has a state agency that also handles employment discrimination claims.
These deadlines usually run from the date the discrimination occurred, such as a termination, demotion, denied accommodation or other adverse workplace action. Waiting too long can limit your right to pursue the claim, even if the discrimination was serious.
What can I do if my employer refuses a reasonable accommodation?
If your employer denies an accommodation request, ask for the reason in writing and keep records of all related communication. Employers may deny requests that create an undue hardship, but they should engage in an interactive process before rejecting a reasonable request.
You may need to document:
- The accommodation requested
- Medical or functional limitations tied to the request
- The employer’s response
- Any alternatives discussed
- Changes in treatment after the request
A lawyer can help determine whether the employer followed the required process or used the denial as a cover for discrimination.
Should I disclose my disability during a job interview?
You usually do not have to disclose a disability during a job interview unless you need an accommodation for the application or interview process. Employers should focus on whether you can perform the job’s essential duties, with or without reasonable accommodation.
If you are unsure what to share, let me help you understand your rights before a disclosure affects hiring, onboarding or later accommodation requests.
Free Consultation And Caring, Insightful Representation
Because I have the experience of being a person of color and having a disability, I am well aware of how the world is often stacked against people. I go to great lengths to let my clients know I am there for them and will listen to their struggles and work with them to find a way forward.
Call my office, The Bail Law Firm in Houston, to speak with me about the possible discrimination you have faced. I want to know what you experienced so I can help craft a plan to help you. Call 832-616-7545 or send me an email using the form below.