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Americans with Disabilities Act Archives

Landmark ruling in transgender discrimination case

The Americans with Disabilities Act prohibits employers in Texas and around the country from discriminating against workers because of physical or mental impairments that limit one or more of their major life functions. However, the 1990 law specifically excludes certain conditions. Those that are related to illegal or harmful activities like drug use, gambling and arson are not covered by the law, and neither are conditions that deal with sexual orientation and identity.

People with cancer and workplace discrimination

Some Texas workers who have had cancer might face discrimination in the workplace despite the fact that 2009 amendments to the 1990 Americans with Disabilities Act protects them. According to the 2009 amendments, people who have a disability that substantially limits their life in some way while still being well-managed or in remission are protected from discrimination. However, a study published in the "Journal of Oncology Practice" found that people in this category were still suffering from workplace discrimination.

ADA claims may be filed posthumously

For many families, the loss of a close relative also means the loss of livelihood. As such, Texas families may want to educate themselves about the protections they are entitled to in the event of a loved one's death. Furthermore, employers should be cautious about behavior that could provoke legal action from the estate of a deceased employee.

Diabetic employees fired for taking food from workplaces

People in the Houston area who suffer from diabetes have to pay careful attention to what they eat. The U.S. Equal Employment Opportunity Commission filed two disability discrimination cases on behalf of diabetic employees who were fired for allegedly stealing food from their workplaces.

Reasonable accommodation requests and older disabled workers

Among the rights federal law gives individuals with disabilities is the right to reasonable accommodations in their workplace. One would hope that disabled workers would always feel free to request reasonable accommodations when the need for such accommodations arises for them in connection to their work. Sadly, however, things can sometimes arise that can make workers afraid to make such requests.

Do the Texas and U.S. bans on disability discrimination apply to all employers?

Among the things that can impact whether an employee here in Texas would be able to take actions against their employer under the state and federal bans on workplace disability discrimination is whether their employer falls under the control of these bans. These bans apply to many, but not all, employers. The specifics of what employers are covered under the bans are contained in state and federal laws.

U.S. saw lots of disability discrimination claims last year

Disability discrimination in the workplace is illegal under federal law here in America, and has been for some time now. However, the problem of disability discrimination has not disappeared in the American workplace. On the contrary, as recent U.S. Equal Employment Opportunity Commission statistics underscore, it remains a major issue.

Worker alleges violation of the Americans with Disabilities Act

Many workers are blessed with being healthy for most of their lives, but sometimes things can change without notice. There are many cases in which Texas employees do not manifest symptoms of an illness until they are adults. A man who worked for Grayson County alleges in a federal court proceeding that he lost his job without any proof of the allegations against him. He believes that the reason for his dismissal was because of his health diagnosis and that the company is in violation of the Americans with Disabilities Act.

Walmart accused of violating the Americans with Disabilities Act

Most employees are blessed with good health, but as they age, illnesses and conditions can occur. This does not make the workers any less valuable, but it may require them to have reasonable accommodations to continue performing their jobs. If employees feel that they have been discriminated against due to their disabilities, they may believe that the company is in violation of the Americans with Disabilities Act and seek legal assistance to pursue justice. A woman who worked for a Texas Walmart recently claimed that is what happened to her.

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Warren & Siurek, L.L.P.
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