Houston Disability Discrimination Lawyers

Advocating for Victims of Disability Discrimination in Texas

When a job applicant is asked about his or her possible disabilities rather than ability to do the job; when a disabled employee or applicant is overlooked in hiring or promotion because of actual or perceived disability; when an employer fails to make reasonable accommodations for disabled workers—unlawful discrimination based on disability has occurred. This is a violation of the Americans with Disabilities Act Amendments Act (ADAAA) of 2008, and you have a legal advocate in our Houston disability discrimination attorneys from Shellist Lazarz Slobin LLP.

Call Shellist Lazarz Slobin LLP today at (713) 352-3433 or contact us online to schedule a consultation with our disability discrimination attorney in Houston.

Understanding Disability Discrimination

Disability discrimination often occurs when an employer or other entity covered by the Americans with Disabilities Act (ADA) or the Rehabilitation Act treats a qualified individual unfavorably because they have a disability. The law requires employers to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer.

The ADA protects individuals with physical or mental impairments that substantially limit one or more major life activities. This protection also extends to individuals with a history of such an impairment or who are perceived by others as having such an impairment, even if they do not have a disability that substantially limits major life activities.

Common Forms of Disability Discrimination

Disability discrimination can manifest in various ways in the workplace, affecting hiring, employment, and everyday work conditions. Here are some common examples:

• Failure to Provide Reasonable Accommodations: Employers need to make reasonable adjustments to the work environment that enable employees with disabilities to achieve their jobs. This could include modifying work schedules, reassigning job duties, providing assistive devices, or physically changing the workplace. Failure to provide such accommodations when it does not impose an unnecessary hardship on the employer constitutes discrimination.
• Discriminatory Hiring Practices: Discrimination can happen during the hiring process if an employer refuses to hire a qualified candidate solely because of their disability. This could also include job postings or advertisements that discourage individuals with disabilities from applying or interviewing practices that intentionally or unintentionally disqualify candidates with disabilities.
• Harassment Based on Disability: Harassment due to disability is a form of discrimination that can create a hostile work environment. This includes offensive remarks, jokes, or actions directed at an employee's disability. If such conduct is frequent or severe enough to make a hostile or offensive work environment or result in an adverse employment decision, it is considered unlawful.
• Unequal Treatment: Discrimination can occur when employees with disabilities are treated differently than other employees in terms of job assignments, promotions, benefits, training, or any other aspect of employment. For instance, if an employee with a disability is passed over for a promotion they are qualified for in favor of a less-qualified, non-disabled employee, this may be considered discrimination.
• Retaliation: Employers are prohibited from retaliating against employees who assert their rights under the ADA. This includes firing, demoting, harassing, or otherwise "retaliating" against individuals who file a complaint of discrimination, participate in an investigation, or oppose discriminatory practices.

Legal Protections Under the ADA

If you believe you were passed up for a job because of your disability, or if you have otherwise suffered disability discrimination in the workplace, contact the Houston employment law attorneys at Shellist Lazarz Slobin for a consultation.

Specifically, the ADA prohibits:

• Discrimination "against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment";
• Discrimination against employees and applicants who have a “physical or mental impairment that substantially limits one or more major life activities, have a record of such an impairment; or are regarded as having such an impairment,” and
• Failure to provide reasonable accommodations for a qualified employee or applicant with a disability, such as providing handicap accessible facilities, modifying work schedules, restructuring, or providing modified equipment or interpreters.

Get Legal Help from Our Houston Disability Discrimination Attorneys

Our Houston disability discrimination lawyers at Shellist Lazarz Slobin are a dedicated advocate of employee rights, and we seek to protect employees from disability discrimination and discrimination based on injury, illness, or disease, such as cancer, HIV, or AIDS. Under the ADA, disabled employees are protected from discrimination in the workplace. We can take immediate action to protect your rights, remedy current disability discrimination, and help prevent future discrimination.

Our disability discrimination lawyers in Houston have 100 years of combined experience in handling discrimination / retaliation cases in Texas and throughout the United States. We can help you file a claim with the Equal Employment Opportunity Commission (EEOC) or pursue a disability discrimination lawsuit if necessary. If you have encountered disability discrimination in your workplace, the Houston disability discrimination lawyers at Shellist Lazarz Slobin can help.

Contact our Houston disability discrimination attorneys at (713) 352-3433 to discuss your claim and legal options under the law. Se habla español.