» Disability Discrimination

Disability Discrimination

The federal Americans with Disabilities Act of 1990 (“ADA”) and a similar state law make it illegal for an employer to discriminate against an employee on the basis of a disability in connection with hiring, firing, promotions, demotions, compensation and other terms and conditions of employment. These laws also prohibit harassment of an employee based on a disability. Additionally, they prohibit retaliation against employees for complaining about disability discrimination or opposing such discrimination.

Under the ADA, an individual has a “disability” if he or she (1) has a physical or mental impairment that substantially limits one or more life activities; (2) has a record of such an impairment; or (3) is regarded by the employer as having such an impairment. An employer is required by law to make reasonable accommodations for the known disabilities of a qualified employee unless the employer can show it would create an undue hardship on the business.

Disability discrimination claims under the ADA or the corresponding state statute must usually be filed with the EEOC or the TWC before an employee can file a lawsuit. A good Austin disability discrimination lawyer will have extensive knowledge and experience in all of these areas. We do.

What We Can Do If You Are An Employer

It’s a minefield out there. We can help you navigate it with confidence. Because this is a complicated area of the law, an employer would be well-advised to have an experienced Austin disability discrimination attorney draft or review their policies for appropriate legal compliance and make recommendations to minimize litigation risks. We provide these services. We also conduct internal workplace investigations if a complaint has been made, or a problem is suspected. With respect to disability-related employment issues, we counsel and advise businesses on matters pertaining to the ADA and appropriate accommodations; represent businesses when complaints are made against them to the EEOC, TWC or Department of Labor; prepare severance agreements; tenaciously represent businesses who are being sued in lawsuits, arbitrations and mediations; and handle almost any other employment issue you can imagine. We have been very successful in our representation of employers and we invite you to review the testimonials from several of the employers we have represented on employment matters. If you are an employer who would like to have an experienced and knowledgeable Austin disability discrimination lawyer who has a long track record of success for employers on your side, contact us.

What We Can Do If You Are An Employee

Unfortunately, not all employers comply with the laws on disability discrimination. Being subjected to disability discrimination can devastate one’s life and finances. If you believe you have been subjected to disability discrimination, we urge you to contact a knowledgeable, experienced and successful Austin disability discrimination attorney. A good Austin disability discrimination lawyer can explain the law in this area; advise you as to whether your employer has engaged in illegal conduct against you; advise you of your rights and options; intercede with your employer when appropriate; represent you before the TWC or EEOC; and aggressively prosecute your lawsuit if your case cannot be reasonably settled. We do all of these things and have done so for well over 20 years. We invite you to review the testimonials from some employees we have represented on employment matters. If you are an employee who would like to have an experienced and knowledgeable Austin disability discrimination attorney with a long track record of success for employees on your side, contact us.

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