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Americans with Disabilities Act Archives

How disabilities can hinder companies

According to the Center for Talent Innovation, almost one-third of college educated full-time workers in white collar jobs are disabled. However, employers in Texas may not be able to tell that people are disabled just by looking at them. These are referred to as invisible disabilities, and 62 percent of disabled workers have them. The CTI study found that one-third of respondents faced what they called a negative bias from employers.

The legal obligation to accommodate disabled workers

The Family and Medical Leave Act enables eligible workers in Texas and around the country to take time off to care for themselves or family members under certain circumstances. The law requires employers to protect their jobs for 12 weeks. If an individual's medical circumstances become disabling, then the Equal Employment Opportunity Commission maintains that the legal protections of the Americans with Disabilities Act would prevent employers from terminating the jobs of people with ongoing medical problems.

Inflexible leave policies and the ADA

Houston employers are required to provide reasonable accommodations to qualified applicants and employees under the Americans with Disabilities Act. This means that companies must make job adjustments that will allow individuals with a disability to perform necessary work functions. However, some employers violate the ADA by having an inflexible leave policy.

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.

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Warren & Siurek, L.L.P.
3334 Richmond Avenue, Suite 100
Houston, TX 77098

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