It is widely known that is unlawful to discriminate against someone with a disability. Having a disability is considered a protected classification under the Americans with Disabilities Act, as amended and the Texas Labor Code. This blog addresses whether and under what circumstances an employer may inquire about your
Disability
Service Animals Under the Americans with Disabilities Act
Service animals are an essential component of the lives of many individuals with disabilities, providing significant assistance that enables them to navigate daily activities with greater independence and safety. Under various legal frameworks, including the Americans with Disabilities Act (ADA) in the United States, service animals are recognized as…
Protecting Yourself as an Employee with Invisible Disabilities in Texas
Employees with disabilities face many potential obstacles in the workplace. Having invisible disabilities adds another layer of unique challenges.
Invisible disabilities are conditions that are not immediately apparent to others, such as chronic pain, mental health conditions, or autoimmune disorders. For those with invisible disabilities, your supervisors and colleagues…
Don’t Drop the Ball, It’s Your Call. A Deeper Look into the Employee’s Duty Under the Interactive Process
Yes, it’s true. You have a duty to engage in the interactive process after submitting an accommodation request to your employer. The inquiry does not end after submission of your request. This blog will dive deeper into what is required by the employee during the interactive process.
Interactive Process…
Weight Discrimination Legislation on the Rise
A category of discrimination that does not yet have federal protection is discrimination on the basis of weight. Weight discrimination in the workplace is quite prevalent but remains unprotected nearly everywhere in the U.S. One troubling 2023 survey by the Society for Human Resource Management revealed that half of…
Navigating Mental Health Accommodations in the Workplace
In recent years, there has been a growing awareness and recognition of mental health issues in the workplace. As individuals strive to balance professional responsibilities with personal well-being, it becomes essential to understand the legal framework that protects employees facing mental health challenges. The Americans with Disabilities Act…
Is Pregnancy Protected Under the Americans with Disabilities Act?
There is a general understanding that the law affords certain protections for pregnant people in the workplace. Most notably, the Pregnancy Discrimination Act prohibits discrimination in the workplace on the basis of pregnancy, childbirth, or related medical conditions. The Pregnancy Discrimination Act was passed in 1978 as an amendment to Title…
Addiction and the ADA
Addiction is a complex issue that affects millions of people in the United States. It is a chronic condition characterized by compulsive drug-seeking behavior and the inability to control drug use despite negative consequences. Addiction can impact all areas of a person’s life, including their relationships, work, and health.…
Fair Trials for Employees with Intellectual Disabilities
We often think of a fair trial in terms of having an impartial judge and jury, effective assistance of counsel, the opportunity to present evidence and witnesses, and the ability to cross-examine the adversary’s witnesses and present rebuttal evidence. However, trials are much more complicated than…
A Complicated Relationship: Covid-19 and Disability Discrimination
The Omicron variant of Covid-19 has been spreading like wildfire both among the vaccinated and unvaccinated. Contracting the new strain is causing many to have to take time off of work and out of the office (one would hope). Suppose, however, that once you labor…