Texas Disability Law - Employment Protections

Texas Law

• Provides that employers with 15 or more employees cannot discriminate based on disability in hiring, firing, training, or matters regarding compensation or the terms, conditions, or privileges of employment.
• Provides that employment agencies may not discriminate in employment referral based on disability.
• Provides that labor unions may not exclude, expel or otherwise discriminate based on disability. Prohibits retaliation by employers, employment agencies, or labor unions based on the opposition of discriminatory practices or the filing of a disability discrimination complaint.
• Prohibits discriminatory advertising of jobs.
• Provides that State elected officials or State agencies must comply with non-discrimination laws, even if they have fewer than 15 employees.
• Provides that employees or applicants who believe they have experienced discrimination or retaliation have 180 daysfrom the date of the discriminatory or retaliatory action to file a complaint with the State or federal authorities. Such complaints should contain the facts on which the complaint is based and the date, place and circumstance of the violation.
• Provides a cap for damage awards for violation of non-discrimination laws, including back pay, pain and suffering, mental anguish, and punitive damages. The caps vary based on an employer's number of employees. Employers with fewer than 101 employees can be assessed damages of up to $50,000, while employers with more than 500 employees can be assessed damages of up to $300,000. Employees of state government are not entitled to punitive damages awards.

Texas Legal Citation

• Disability Discrimination:
  Texas Labor Code, Sections 21.051 - 21.061
• Enforcement:
  Texas Labor Code, Sections 21.201 - 21.211
• Damage Caps:
  Texas Labor Code, Section 21.2585
• State Policy:
  Texas Human Resources Code, Section 121.003

Contact

• Texas Workforce Commission, Civil Rights Division
  (888)452-4778; (512)463-2642, TDD (800)735-2989
  
• Texas Workforce Commission
  (512) 463-2222, TDD (800) 735-2989
  

For More Information

• Work in Texas
  

Relevant Federal Laws

• Americans with Disabilities Act:
  Equal Employment Opportunity Commission
  (800) 669-4000; (800) 669-6820 (TTY)
  
• Family and Medical Leave Act (FMLA):
  Department of Labor
  (866)487-2365 , TTY (877)889-5627

• Department of Labor Homepage
  

  FMLA Faq
  

  Office of Disability Employment Policy
  

Local Ordinances

Local Ordinances
State law provides that cities or counties can create local Committees to promote compliance with State employment discrimination law. Cities may also have equal employment protection ordinances that include people with disabilities. Call your local mayor's or county judge's office for more information.