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Texas Disability Discrimination Lawyers

Under the Americans with Disabilities Act (ADA) as amended in 2008 (ADAAA), discriminating against someone because of their disability is illegal. When an employer fails to accommodate an employee’s disability – or they harass, punish, or treat them worse for it – the employee may be able to file an ADA lawsuit seeking compensation for their injuries.

If you or a loved one has been discriminated against because of a physical or mental disability, a Texas disability discrimination lawyer can help you determine if you qualify for legal action.

What is injury or disability discrimination?

Injury or disability discrimination is when your employer treats you less favorably because you have an injury or disability. That could mean that they’re refusing to accommodate your physical or mental condition; that they are harassing you because of it; or that they fired or demoted you, denied you a promotion, or reduced your hours or wages for no reason other than your disability or injury.

In Texas, as in the rest of the United States, disability discrimination is illegal under the Americans with Disabilities Act (ADA). Workers who have been treated unfairly because of a disability or another medical condition may be able to file an ADA lawsuit seeking compensation.

What is the ADA (Americans with Disabilities Act)?

The Americans with Disabilities Act (ADA) is a federal law passed in 1990 to protect people with disabilities from discrimination in the workplace and in public spaces such as schools and transportation hubs. The ADA was amended in 2008 to make it more friendly to employees with disabilities. The law requires most employers to provide reasonable accommodations for disabilities, such as medical leave, breaks for medical appointments and treatment, wheelchair ramps, reserved parking spaces, and modified bathrooms.

Under the ADA, as well as Chapter 21 of the Texas Labor Code, organizations with 15 or more employees that fail to provide these accommodations – or that otherwise discriminate against workers with disabilities or injuries – may be held legally liable for these violations. If you think that your employer, or a loved one’s employer, may have violated the ADA, you should speak with a Texas disability discrimination lawyer as soon as possible.

What employers must comply with the ADA?

According to the U.S. Equal Employment Opportunity Commission (EEOC), these organizations are subject to the conditions of the Americans with Disabilities Act:

If an employer falls into one of the categories above, and they discriminate against a disabled or injured worker, that worker may be able to take legal action.

What disabilities are covered by the ADA?

Though the EEOC does not have a set list of disabilities that meet the requirements of the ADA, it states that the impairment must be substantial, which it and courts define as significantly limiting a major life activity or bodily function, such as hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for oneself, learning or working.

Disabilities that would most likely meet this criterion include:

What disabilities are not covered by the ADA?

Conditions that are unlikely to meet the government’s definition of a significant impairment under the ADA include:

What’s the most common ADA violation?

Disability discrimination can take many forms, but perhaps the most common type of ADA violation is the failure to accommodate an employee’s disability. Here are some examples:

What are some other examples of disability discrimination?

In addition to not providing the necessary accommodations for a disability or injury, the following types of actions could also constitute discrimination:

Can you sue for disability discrimination?

Potentially, yes. If your employer failed to accommodate your disability or injury, or harassed or penalized you for it, you may be entitled to compensation. Under the Americans with Disabilities Act (ADA) and the Texas Labor Code, it’s illegal to discriminate or retaliate against disabled workers.

If you think you may have been discriminated against because of a medical condition or injury, contact a Texas disability discrimination attorney to see if you qualify for a lawsuit.

What kind of compensation can I recover from an ADA lawsuit?

Every case is different, with many factors that determine how much money you could be owed. That said, these are the most common types of damages you could recover through a disability discrimination lawsuit:

These damages may range from thousands to millions of dollars, depending on the length and extent of the discrimination, as well as its repercussions and the earning capacity of the disabled worker. An employment lawyer can help you determine if you qualify for compensation, and if so, how much you might be owed.

Most disability discrimination matters are settled before becoming lawsuits, and even most lawsuits are settled out of court before going to trial, making for a quicker resolution.

Why should I work with Kaplan Law Firm?

Kaplan Law Firm is an employment law and civil rights firm that’s been proudly serving Texans since 2015. Founded by Austin Kaplan in Austin, Texas, our firm has represented hundreds of clients in a wide range of employment and civil rights matters, including claims for discrimination, harassment, breach of contract, wage and hour violations, and whistleblower retaliation.

We’ve recovered millions of dollars for our clients; received dozens of five-star reviews on Google and Avvo; and our attorneys have been featured in The New York Times, The Washington Post, Bloomberg, Fast Company, and on CNN.

Reach out today for a free, confidential case review to see if we can help you recover the compensation you deserve.

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Client Testimonials

Austin was impressive and able to accomplish the results in my case. Like me, he is goal oriented, and his approach to my case was not only efficient but extremely effective. If you are looking for a lawyer that will provide personalized attention and help you accomplish your goals efficiently, I highly recommend Austin.

— Richard, Unpaid Overtime (FLSA) / Retaliation

I was referred to Austin Kaplan by another attorney, which told me they had a solid peer-rating.  Austin met with me immediately, during a very stressful time.  Hi disarming style made the meeting very comfortable and created an environment to be productive and achieve restitution for my situation (Negotiated severance).  I have since had legal questions and Austin was quick to respond and assist.  Most folks only need attorney’s at stressful times, so knowing someone is there, who knows the law and is in your corner is crucial to making good decisions.

— John S.

If you have a tough unpaid overtime case like I did, I recommend hiring Kaplan Law Firm.  Austin worked closely with me throughout my case to make sure I knew what to expect, and to make sure we were both fully prepared.  Austin made sure I was always in the driver’s seat.  He was always professional and dedicated to my case.  We set goals together at the beginning of the case, and by the end, he made sure each of them were met.  If you need a lawyer for a tough case, I recommend Kaplan Law Firm.

— A.E., Unpaid Overtime (FLSA)

Austin Kaplan was indeed, very helpful in resolving a dispute I had with a restaurant, and his team helped as well to connect the dots in order to make this procedure an easy-going succession of discussions with the other party.  From our first meeting, I knew Austin was a trustworthy man who carefully listened and guided me through the steps – a great lawyer who chooses just causes.  Justice was served.

— Sam, Unpaid Wages

It was an absolute pleasure working with Austin Kaplan and his staff.  They are very personable, easily available for questions and procedures, incredibly knowledgeable, and they made a terrible employment experience easy to deal with.  I cannot say enough great things about the Kaplan Law Firm.

— Shelby L.

Austin represented me in a employment related matter that ended in a satisfactory outcome. I would recommend his firm in the event that you require representation in his area of expertise. The staff is friendly,  responsive, ridiculously helpful.

— Matthew S.

Austin helped out my dad on a employment matter. Within a short time Austin got results and my dad was very happy with the outcome. Austin knows what he is doing I couldn’t recommend him any more.

— Pedro V.

I reached out to Austin in hopes he could offer guidance with a difficult employment situation which had me feeling helpless and depleted. In my initial meeting with Austin, he offered insight into employment law confirming my suspicions that my employer was not acting in compliance with legal expectations.

Austin was thorough, compassionate, and knowledgeable as he explained legal definitions and the implications associated with various potential actions I might engage. Through the course of the next several weeks as Austin and I worked together, he displayed rich creativity and a deep understanding of the art of both law and negations while always being open to collaborative discussion. Having Austin on my team offered me the support I needed to feel empowered and take action and, ultimately, led me to a resolution which feels both fair and absolute. I have already recommended Austin to several personal friends/colleagues and will continue to voice my support for Austin and his team.

— S.L., Severance Negotiation, Sexual Harassment, Retaliation



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