the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to employees with disabilities, unless doing so would cause undue hardship to the employer. In Texas, the ADA applies to employers with 15 or more employees. Therefore, if you have a disability and need reasonable accommodations to perform your job duties, you have the right to request them.
As an employee in Texas, you are protected from retaliation for requesting reasonable accommodations for a disability. This means that your employer cannot fire you solely because you have made such a request. However, it is important to note that this protection does not mean you are completely immune from termination. If your employer can demonstrate that there are legitimate reasons unrelated to your request for accommodations that warrant termination, they may still be able to terminate your employment.
To ensure your rights are protected, it is advisable to follow the proper procedures when requesting accommodations. You should inform your employer about your disability and the need for accommodations in writing. Be specific about the accommodations you are requesting and how they will enable you to perform your job duties effectively. It is also helpful to provide any supporting documentation from medical professionals that outline your disability and the recommended accommodations.
Once you have made the request, your employer is required to engage in an interactive process with you to determine the appropriate accommodations. They may request additional information or documentation to better understand your needs. It is important to cooperate and provide any requested information in a timely manner.
If your employer refuses to provide reasonable accommodations or retaliates against you for making the request, you may file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission (TWC). These agencies will investigate your claim and take appropriate action if they find evidence of discrimination or retaliation.
In summary, in Texas, you cannot be fired solely for requesting reasonable accommodations for a disability. However, it is crucial to follow the proper procedures and provide necessary documentation to support your request. If you face any adverse actions or retaliation, you have the right to file a complaint with the appropriate agency.