Disability Discrimination

Have you requested a reasonable accommodation for your disability and were instead disciplined? Do you feel you are not receiving the same training as co-workers only because of your disability? Have you been treated as having some sort of hindrance that in reality you do not have just because you have an existing disability? If so, you might have been discriminated against because of your disability. As such, you need attorneys with the passion and expertise to represent you in righting this wrong.

Houston employment lawyers Kalandra N. Wheeler and Robert J. Wiley represent Houston workers who have been discriminated against because of their disability. They have the experience to make sure that every avenue is pursued and no stone is left unturned. In short, when you have been discriminated against because of you have a disability you need an attorney that understands your situation and that will fight for you.

Under both the Americans with Disability Act (“ADA”) and the Texas Labor Code discriminating against an employee because of a disability, or what the employer perceives to be a disability, is illegal. An employer cannot fire, demote, or affect an employee’s benefits because of a worker’s disability.

Many times it may be difficult to determine if you have been discriminated against because of a disability. Under the law you may be protected if you have a disability that substantially limits one or more major life activities and a reasonable accommodation would allow you to perform your job.

Due to an amendment passed by Congress in 2009 the ADA now provides a more comprehensive list of ailments that would be considered a disability under the law. Such ailments include:

• Cancer;
• Renal Failure;
• Diabetes;
• Multiple Sclerosis;
• HIV/AIDS; or
• Epilepsy.

Many times it is difficult to determine what could be considered a reasonable accommodation, but there are common examples that have been found to be reasonable accommodations. Common examples that may constitute a reasonable accommodation are:

• Requiring a sign language interpreter during an interview;
• An employee with diabetes needing regularly scheduled breaks in order to monitor and maintain blood sugar and insulin levels;
• An employee with cancer needing leave to have radiation or chemotherapy treatments; or
• An employee with renal failure requiring leave to have dialysis.

Furthermore, disability discrimination may occur when your employer treats you differently from other employees because of your disability. Such differing treatment can include:

• Failure to promote;
• Failure to hire;
• Termination;
• Suspension; or
  
• Not receiving appropriate training.

We should not live in a society that allows an employer to mistreat a worker simply because the employer assumes the employee cannot perform even when the opportunity has not been given. Luckily, the law agrees. The law exists to make sure that we have a level playing field. It assures us that if an employer can make a reasonable accommodation without causing undue hardship, it should be given. Do not let your rights be trampled and discarded.

The only way to defend not only your rights as a hard working employee but those of others is to step forward. We can only do our job if workers fight unfair employment practices. It can be difficult to take a stand. That is why you need a team of professionals that will be with you every step of the way. Take action today.

Take Action

If you feel you have been discriminated against merely because of your disability, do not hesitate to contact our law firm. There are many deadlines that require a quick turnaround. Depending on your case you may have anywhere from 180 days to 300 days to report a violation of the Texas Labor Code or the ADA to the EEOC or TWC. If you choose to contact us, you will meet with an attorney to discuss your matter. If we believe a violation of the law has occurred and if you decide to hire us, we will sign a representation agreement and enforce your rights.

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