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.
In some areas, Texas law and federal law regarding workplace discrimination ban applicability are the same. For example, when it comes to private employers, both the Texas ban and the federal ban on workplace disability discrimination apply to employers who have 15 or more workers.
In other areas though, Texas and federal law go different directions. For example, the Texas workplace disability discrimination ban covers all local/state government agencies, whereas the federal ban only applies to agencies that have 15 or more workers.
So, there are a variety of different situations a Texas worker who is discriminated against by their employer in relation to a disability could be in regarding what anti-disability-discrimination laws apply to their employer. Their employer could be covered by both the state and federal bans, neither ban or one ban but not the other.
This is among the things that can create some confusion for workers when it comes to what rights they have regarding disability discrimination. Experienced employment law attorneys can advise disability discrimination victims on important issues touching on their legal options, such as whether Texas and federal disability discrimination laws apply to their employer.
Sources: Texas Workforce Commission, "Disability Discrimination," Accessed March 21, 2016
U.S. Equal Employment Opportunity Commission, "Coverage of Business/Private Employers," Accessed March 21, 2016
U.S. Equal Employment Opportunity Commission, "Coverage of State and Local Governments," Accessed March 21, 2016