Disability Discrimination in Texas: Your Rights to Reasonable Accommodation
If you were fired, denied a job, or refused reasonable accommodation because of a disability, Texas law protects you—but only through federal standards. Workers with disabilities have protections under both Texas law (TCHRA) and federal law (ADA). However, Texas offers no advantages beyond what the Americans with Disabilities Act already provides.
Disability discrimination is illegal, whether it’s refusing to hire someone who uses a wheelchair, firing an employee with depression, or denying reasonable accommodation for a medical condition. Your employer must provide reasonable accommodations unless they cause undue hardship.
This guide explains what disability discrimination looks like in Texas, who is protected, what reasonable accommodation means, and how to fight back using the same federal standards that apply nationwide.
What Is Disability Discrimination?
Disability discrimination happens when an employer treats you worse than other employees because of your disability or perceived disability. This includes any negative employment action based on your physical or mental impairment.
Under both the Texas Commission on Human Rights Act (TCHRA) and the federal Americans with Disabilities Act (ADA), it’s illegal to discriminate against qualified employees or job applicants with disabilities. Disability discrimination can affect:
- Hiring decisions (refusing to hire qualified disabled applicants)
- Terminations (firing employees because of their disability)
- Promotions (passing over disabled workers for advancement)
- Compensation (paying disabled workers less for the same work)
- Job assignments (excluding disabled workers from desirable tasks)
- Training opportunities (denying disabled workers professional development)
- Reasonable accommodation (refusing to provide necessary accommodations)
- Workplace harassment (creating a hostile environment through disability-related comments)
The law recognizes that people with disabilities can perform jobs successfully when given reasonable accommodations and should not face discrimination based on stereotypes or bias.
Who Is Protected from Disability Discrimination in Texas?
Texas law protects workers with disabilities, but the protection comes from federal ADA standards, not broader state provisions.
Texas TCHRA protections:
- Workers with physical or mental disabilities
- Companies with 15 or more employees
- Mirrors federal ADA standards exactly
Federal ADA protections:
- Workers with physical or mental disabilities
- Companies with 15 or more employees
- Applies nationwide
Who qualifies as having a disability under both laws:
- You have a physical or mental impairment that substantially limits one or more major life activities
- You have a record of such an impairment
- You are regarded as having such an impairment
Why This Matters: Texas TCHRA provides no additional protection beyond the ADA. Unlike California (which covers employers with 5+ employees and has a broader definition of disability), Texas follows federal standards exactly.
What Counts as a Disability?
The ADA (and TCHRA by extension) defines disability broadly following the ADA Amendments Act of 2008:
Physical Impairments
- Mobility impairments requiring wheelchairs, crutches, or walkers
- Chronic illnesses like diabetes, cancer, HIV/AIDS
- Epilepsy and seizure disorders
- Vision or hearing impairments
- Back injuries or chronic pain conditions
- Heart disease or respiratory conditions
- Multiple sclerosis or muscular dystrophy
Mental Impairments
- Depression and anxiety disorders
- Post-traumatic stress disorder (PTSD)
- Bipolar disorder
- Schizophrenia and other mental illnesses
- Autism spectrum disorder
- Intellectual disabilities
- Learning disabilities like dyslexia
Major Life Activities
A disability must substantially limit a major life activity, including:
- Walking, standing, sitting, reaching, lifting
- Seeing, hearing, speaking
- Breathing, eating, sleeping
- Concentrating, thinking, communicating
- Working, caring for oneself
- Major bodily functions (immune system, digestive system, brain function)
Important: The ADAAA expanded the definition of disability significantly. Conditions that are episodic or in remission (like cancer in remission or controlled diabetes) still qualify as disabilities. Courts must interpret disability protections broadly.
What Is NOT Covered as a Disability?
The ADA specifically excludes certain conditions:
- Current illegal drug use (but past drug addiction in recovery is protected)
- Sexual behavior disorders
- Compulsive gambling
- Kleptomania and pyromania
- Temporary, minor illnesses (like a cold or sprained ankle)
- Personality traits like poor judgment or quick temper
Reasonable Accommodation: Your Right to Workplace Adjustments
One of the most important disability protections is the right to reasonable accommodation. An accommodation is a change to your work environment or duties that allows you to perform your job despite your disability.
Common Reasonable Accommodations
Schedule and time off:
- Flexible work schedule for medical appointments
- Modified break schedule
- Part-time work schedule
- Leave for treatment or recovery
Physical workspace changes:
- Accessible workstation (desk height, ergonomic equipment)
- Reserved parking space near entrance
- Ramps, elevators, or accessible restroom
- Screen reader or magnification software
- Assistive devices (hearing aids, speech recognition software)
Job duty modifications:
- Reassigning marginal (non-essential) job functions
- Providing additional training time
- Modifying equipment or tools
- Adjusting performance standards for non-essential functions
Communication and policy adjustments:
- Allowing service animals in the workplace
- Permitting remote work or telework
- Providing written instructions for verbal assignments
- Modifying supervisory methods
The Interactive Process
When you request accommodation, your employer must engage in an “interactive process”—a good-faith conversation to identify effective accommodations. This process requires:
- Employee requests accommodation (verbally or in writing)
- Employer engages in dialogue about the disability and limitations
- Employer identifies possible accommodations (may request medical documentation)
- Both parties discuss effectiveness and reasonableness
- Employer implements reasonable accommodation or explains undue hardship
Failure to engage in the interactive process is itself a violation, even if a reasonable accommodation exists.
What Is “Undue Hardship”?
Employers can deny accommodation if it causes “undue hardship”—significant difficulty or expense relative to the employer’s size, resources, and operations.
Factors courts consider:
- Cost of the accommodation
- Employer’s overall financial resources
- Impact on operations
- Whether other employees must take on additional duties
What undue hardship is NOT:
- Minor inconvenience
- Coworker complaints or preferences
- Customer or client preferences
- Slight decrease in productivity
- Low-cost modifications
Example: A large Houston corporation cannot claim undue hardship for installing a $2,000 wheelchair ramp. A small 15-employee business might have a stronger argument if a requested accommodation costs $50,000 and fundamentally alters operations.
Types of Disability Discrimination
Direct Discrimination
Your employer explicitly treats you differently because of your disability:
- Refusing to hire someone because they use a wheelchair
- Firing an employee when they disclose a mental health diagnosis
- Denying promotion because of assumptions about disability
- Reducing pay or benefits due to disability
Failure to Accommodate
Your employer refuses to provide reasonable accommodation:
- Denying a request for schedule changes for medical appointments
- Refusing to provide screen-reading software for a blind employee
- Not allowing service animals in the workplace
- Failing to engage in the interactive process
Harassment Based on Disability
Disability-based harassment creates a hostile work environment:
- Repeated offensive jokes about disabilities
- Mocking someone’s disability or accommodations
- Using derogatory terms (“cripple,” “crazy,” “retard”)
- Isolating disabled employees from workplace activities
Retaliation
Your employer punishes you for requesting accommodation or asserting your rights:
- Firing you after you request accommodation
- Giving poor performance reviews after filing a complaint
- Demoting or reducing hours after asserting disability rights
TCHRA vs. ADA: Texas Follows Federal Standards Exactly
Both Texas and federal law prohibit disability discrimination, but Texas provides no additional protections:
| Feature | Texas TCHRA | Federal ADA |
|---|---|---|
| Employer size | 15+ employees | 15+ employees |
| Definition of disability | Same as ADA (mirrors federal law) | Substantially limits major life activity |
| Reasonable accommodation | Required (same standard as ADA) | Required unless undue hardship |
| Filing deadline | 180 days with TWC | 300 days with EEOC (in Texas) |
| Damages | Capped at $50K-$300K | Same caps under ADA |
| Interactive process | Required (same as federal) | Required |
Bottom line: Texas offers no strategic advantage over federal law for disability discrimination. The TWC deadline is actually shorter (180 days vs 300 days), so filing with the EEOC is generally recommended.
Real-World Examples of Disability Discrimination in Texas
Example 1: Wheelchair User Denied Job in Dallas
Carlos uses a wheelchair and applied for an accounting position at a Dallas corporation. He had strong qualifications. During the interview, the hiring manager said, “We’d love to hire you, but our office isn’t set up for wheelchairs.” Carlos wasn’t hired.
Analysis: This is direct disability discrimination. Employers must provide reasonable accommodations (like installing a ramp or adjusting workspace layout) unless it causes undue hardship. For a large corporation, physical accessibility modifications are usually reasonable. Carlos has a strong discrimination claim.
Example 2: Depression Disclosure Leads to Firing in Houston
Maria worked as a project manager in Houston with excellent performance reviews. When she disclosed her depression diagnosis to HR and requested occasional work-from-home days during difficult periods, she was fired two weeks later. Her employer said they needed someone “more stable.”
Analysis: Firing someone after they disclose a mental health condition and request accommodation is illegal. Depression substantially limits major life activities (concentrating, thinking, interacting with others) and qualifies as a disability. Remote work is often a reasonable accommodation. Maria has strong claims for disability discrimination and failure to accommodate.
Example 3: Diabetic Employee Denied Break Schedule in San Antonio
James, who has Type 1 diabetes, works at a San Antonio warehouse. He requested accommodation to take two additional 10-minute breaks during his shift to check blood sugar and eat a snack. His supervisor denied the request, saying “Everyone gets the same breaks.” James’s blood sugar became dangerously low multiple times at work.
Analysis: Denying a simple schedule modification for a serious medical condition violates the ADA and TCHRA. Additional short breaks are typically reasonable accommodations for diabetes management. The employer failed to engage in the interactive process. James has a strong failure-to-accommodate claim.
Example 4: Cancer Survivor “Too Expensive” in Austin
Linda is a cancer survivor in remission. She applied for a position at an Austin tech company and was the top candidate. During the interview, the CEO said, “Your health history is impressive, but we’re concerned about health insurance costs.” The company hired a less-qualified candidate.
Analysis: Refusing to hire someone because of concerns about insurance costs related to a disability violates the ADA and TCHRA. Cancer in remission qualifies as a disability (record of impairment). Cost concerns do not justify discrimination. Linda has a strong refusal-to-hire claim.
Example 5: PTSD Accommodation Denied in Fort Worth
David, an Iraq War veteran with PTSD, works at a Fort Worth logistics company. He requested accommodation to work in a quieter area away from loud machinery that triggered his PTSD symptoms. His employer refused, saying “We can’t rearrange the whole warehouse for you.” There was available desk space in a quieter office area.
Analysis: Reassigning an employee to an available, equivalent workspace is typically a reasonable accommodation. The employer’s claim that accommodating David would “rearrange the whole warehouse” is pretextual when quieter space already exists. David has a strong failure-to-accommodate claim.
Example 6: Epilepsy Disclosure Leads to Demotion in El Paso
Patricia worked as a sales manager in El Paso with excellent performance. After she had a seizure at work and disclosed her epilepsy diagnosis, her employer demoted her to a lower-paid non-supervisory role. Management said they were “concerned about liability.”
Analysis: Demoting someone because of a disability violates the ADA and TCHRA unless the person cannot perform essential job functions even with accommodation. If Patricia’s epilepsy was controlled with medication and didn’t affect her ability to manage people, the demotion was discriminatory. Vague “liability concerns” don’t justify removing someone from their position.
Example 7: Deaf Employee Denied Interpreter in Houston
Michael is deaf and works at a Houston engineering firm. He requested a sign language interpreter for an important all-hands meeting about company restructuring. His employer denied the request, saying “Just read the email summary we’ll send after.” Michael missed critical information about his department’s future.
Analysis: Denying communication accommodations for important meetings violates the ADA. Providing a sign language interpreter for occasional meetings is typically a reasonable accommodation, especially for large employers. A written summary after the fact doesn’t allow the employee to participate in real-time discussion. Michael has a failure-to-accommodate claim.
Example 8: Back Injury Employee “Can’t Keep Up” in Dallas
Robert injured his back on the job and has permanent lifting restrictions (no more than 25 pounds). His employer, a Dallas distribution center, refused to reassign him to available light-duty positions and instead fired him for being “unable to perform the job.” Several light-duty positions were available.
Analysis: Employers must reassign disabled employees to vacant equivalent positions as a reasonable accommodation if the employee can no longer perform their current role. Firing someone when light-duty positions exist violates the ADA. Robert has strong claims for disability discrimination and failure to accommodate.
Example 9: Anxiety Harassment in San Antonio
Lisa has diagnosed anxiety disorder and takes FMLA leave occasionally for panic attacks. Her supervisor repeatedly makes comments like “Are you going to freak out on us today?” and “Maybe you’re just not cut out for this job.” Coworkers started avoiding her. Her supervisor gave her a poor performance review mentioning “emotional instability.”
Analysis: Repeated comments mocking or belittling someone’s mental health condition create a hostile work environment. The poor performance review based on disability rather than objective performance adds a discrimination claim. Lisa has strong claims for disability harassment and discrimination.
Example 10: HIV Status Disclosure Leads to Isolation
Carlos disclosed his HIV-positive status to HR at his Austin retail job to explain occasional medical appointments. After the disclosure, his manager moved him to a back storage area with no customer contact, saying “customers might be uncomfortable.” His hours were reduced, and he was excluded from team meetings.
Analysis: HIV qualifies as a disability under the ADA. Isolating an employee, reducing hours, and excluding them from work activities based on HIV status violates the ADA. Customer or coworker discomfort is not a legitimate reason for discrimination. Carlos has multiple claims including discrimination, failure to accommodate, and constructive discharge if he was forced to quit.
How to File a Disability Discrimination Claim in Texas
If you’ve experienced disability discrimination or been denied reasonable accommodation, follow these steps:
1. Request Accommodation in Writing
If you haven’t already, submit a clear written request for accommodation:
- State that you have a disability
- Explain what accommodation you need
- Describe how it will help you perform your job
Keep a copy of everything you submit.
2. Document Everything
Gather evidence:
- Medical documentation of your disability
- Emails or written communications about your accommodation request
- Performance reviews showing good work before disclosure
- Witness statements from coworkers
- Notes about discriminatory comments or denial of accommodation
- Timeline of events
3. Calculate Your Deadline
Critical deadlines:
- 180 days from the discriminatory act to file with Texas Workforce Commission (TWC)
- 300 days to file with the Equal Employment Opportunity Commission (EEOC)
Recommendation: File with the EEOC for the longer deadline. The EEOC typically cross-files with TWC automatically.
4. File with the EEOC (Recommended)
How to file:
- Online at EEOC.gov
- By phone: 1-800-669-4000
- In person at an EEOC office (Dallas, Houston, San Antonio)
What happens:
- EEOC reviews your complaint
- EEOC may investigate or issue a “right to sue” notice
- You receive a right-to-sue letter allowing you to file a lawsuit
- You have 90 days from receiving the right-to-sue notice to file in court
5. Consult an Employment Attorney
Disability discrimination cases can be complex. An attorney can:
- Evaluate the strength of your case
- Determine if your accommodation request was reasonable
- Assess whether your employer engaged in the interactive process
- Navigate the EEOC/TWC process
- Negotiate settlement
- Represent you in court
Most employment attorneys work on contingency (they only get paid if you win).
Damages Available in Disability Discrimination Cases
If you prove disability discrimination or failure to accommodate, you may recover:
Economic damages:
- Back pay (lost wages from termination to trial)
- Front pay (future lost earnings if reinstatement isn’t possible)
- Lost benefits (health insurance, retirement contributions)
- Medical expenses related to the discrimination
- Job search costs
Compensatory and punitive damages:
- Emotional distress
- Mental anguish
- Damage to reputation
- Punitive damages for egregious conduct
- Capped at $50K-$300K depending on employer size (same as federal ADA)
Other relief:
- Reinstatement to your job
- Provision of reasonable accommodation
- Policy changes at your workplace
- Attorney’s fees and court costs
Frequently Asked Questions
What if my employer says accommodation costs too much?
Your employer must prove “undue hardship”—significant difficulty or expense relative to their size and resources. Minor costs are not undue hardship. A large corporation cannot claim a $5,000 accommodation is too expensive. Document the low cost of your requested accommodation.
Do I have to disclose my disability to my employer?
Only if you want reasonable accommodation. You don’t have to disclose during the hiring process unless you need accommodation for the interview or job duties. However, to receive accommodation, you must disclose your disability and explain how accommodation will help.
Can my employer ask for medical documentation?
Yes, if your disability or need for accommodation is not obvious. Your employer can request documentation from a healthcare provider confirming your disability and explaining why accommodation is needed. They cannot request your entire medical record.
What if my employer says I’m “not qualified” because of my disability?
The ADA and TCHRA protect “qualified individuals with disabilities”—people who can perform essential job functions with or without reasonable accommodation. Your employer cannot disqualify you based on inability to perform marginal (non-essential) functions.
Does Texas law give me any advantage over federal law for disability discrimination?
No. Texas TCHRA mirrors federal ADA standards exactly in definition of disability, reasonable accommodation requirements, and damage caps. The TWC filing deadline is actually shorter (180 days vs 300 days), making federal EEOC filing preferable.
Related Topics
- Texas Workplace Discrimination – Overview of Texas discrimination protections
- TCHRA vs Title VII – How Texas law compares to federal standards
- filing a TWC complaint – Step-by-step TWC filing guide
- age discrimination – Age discrimination protections in Texas
- small employer exemptions – When discrimination laws don’t apply
- Texas Wrongful Termination – When firing violates public policy
Take Action: Protect Your Rights
If you believe you’ve experienced disability discrimination or been denied reasonable accommodation:
- Request accommodation in writing – Create a clear paper trail
- Document everything – Keep medical records, emails, and notes about denial
- File with the EEOC within 300 days – Don’t miss the deadline
- Consult an attorney – Get expert advice on your case
- Know your rights – Reasonable accommodation is the law, not a favor
You have rights under federal law that apply in Texas. Disability discrimination is illegal, and your employer must accommodate you unless it causes undue hardship.
Legal Disclaimer
This article provides general information about disability discrimination law in Texas and is not legal advice. Employment law cases are fact-specific, and outcomes depend on individual circumstances. For advice about your specific situation, consult a qualified Texas employment attorney. Nothing in this article creates an attorney-client relationship.
Laws and regulations change. This information is current as of the last updated date shown above. Always verify current law before taking action.
Tags: Employment Law Aid, Texas, disability discrimination, ADA, TCHRA, Reasonable Accommodation