Your Rights

reasonable accommodations for disabilities

Misperceptions and stereotypes based on a person’s actual or perceived disability unjustly prevent equal opportunities in the workplace. The law prevents such discrimination, and requires that employers engage in an interactive process and provide reasonable accommodations, including job restructuring, leave, and modified schedules or policies.

What is a workplace disability?

Federal and state law protects qualified individuals with disabilities from employment discrimination. A person has a disability if he or she has a physical or mental impairment that substantially limits a major life activity. A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, breathing, performing manual tasks, walking, caring for oneself, learning or working. Persons who have a record of a substantially limiting impairment and people who are regarded as having a substantially limiting impairment are also protected. 

What is a reasonable accommodation for a disability?

A reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities. For example, reasonable accommodation may include: acquiring or modifying equipment or devices, job restructuring, part-time or modified work schedules, reassignment to a vacant position, adjusting or modifying examinations, training materials or policies, providing readers and interpreters, and making the workplace readily accessible to and usable by people with disabilities. If a person requests an accommodation, an employer must engage in an interactive process in order to determine if a reasonable accommodation is possible.  

What is the law on workplace disabilities and accommodations?

The Americans with Disabilities Act of 1990: The federal law prohibiting discrimination based on a person’s disability. In addition, the ADA requires employers to provide reasonable accommodations to applicants and employees. The ADA also prohibits retaliation against persons who complain about disability discrimination or request reasonable accommodations.

The Texas Commission on Human Rights Act: The Texas counterpart to the federal Americans with Disabilities Act and creates similar rights and obligations.

Additional Resources

U.S. Equal Employment Opportunity Commission

Texas Workforce Commission

Examples of Possible disability discrimination

refusal to provide reasonable accommodation

You have a medical condition that requires a reasonable accommodation, like job restructuring, leave, a modified or part-time schedule, modified workplace policies, or reassignment. Your employer has refused to communicate or discuss your request. When they finally listened, your supervisor refused to provide an accommodation, even though you believe that your request is not unreasonable or burdensome. Their failure to provide a reasonable accommodation caused you to get terminated.

disability discrimination

Your supervisor is aware that you have a disability and is treating you differently than non-disabled co-workers. For example, they receive preferential work assignments, schedules, and other opportunities. Or your supervisor has been scrutinizing your work more closely and being more strict or demanding with you than your non-disabled co-workers. Worse, you have received a disciplinary warning or been terminated for reasons that do not make sense or your non-disabled co-workers engaged in the same conduct without consequence.

disability harassment

Your co-workers or supervisor are making derogatory comments about your disability, making crude jokes, mocking your condition, or repeating false stereotypes. Some of them are threatening or intimidating you physically. These comments are happening with more frequency and you are having a difficult time getting your work done. You have reported your concerns to your supervisor or human resources, and nothing has been done to address your situation.

regarded as disabled or a disabled family member

You have a medical condition, but you do not think that you are disabled. However, your supervisor found out about your medical condition and has been treating you differently. Some of her comments are based on myths or stereotypes associated with your condition. Now she is making negative decisions about your employment based on these stereotypes. Or your supervisor found out that your spouse has a disability. Now your supervisor will not consider you for certain opportunities because she thinks that it is likely that you will be taking leave to care for your spouse.

disability discrimination in the hiring process

You applied for a job or for a promotion. During the interview, you were asked questions about a medical condition or disability. The interviewer expressed concerns about your condition or not being able to accommodate your disability. You were rejected from the position and you believe that the employer hired or promoted someone with less skills or qualifications. You believe that you did not get the job or promotion because of your disability.