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Disability Discrimination

Tyler Disability Discrimination Attorney

Board Certified Employment Lawyer in Tyler

According to Texas Labor Code Chapter 21 and the Americans with Disabilities Act (ADA), employers must not discriminate against applicants or employees with disabilities. These laws protect individuals and create fair workplaces, ensuring that people with disabilities have equal opportunities and do not face unfair treatment at work.

This law applies to individuals who meet one or more of the following requirements:

  • You have a physical or mental disability that significantly limits your ability to participate in major life activities
  • You have a history of having a disability
  • You are regarded as a person with a disability

If you meet any of these requirements and believe an employer discriminated against you because of a disability, you can file a complaint. The Hommel Law Firm can guide you through the process of ending employer discrimination and can help you pursue possible compensation for damages you have suffered.

Contact a Tyler disability discrimination lawyer at (903) 412-3788 or contact the firm online to schedule a case evaluation.

Laws and Protections Against Disability Discrimination

Employers in Texas must follow several state and federal laws that protect workers with disabilities from unfair treatment. These protections apply to most workplaces and offer specific rights to employees in Tyler and across Smith County.

Employers with at least 15 employees must not discriminate based on disability in the following areas:

  • Hiring
  • Training
  • Firing
  • Compensation
  • Terms
  • Conditions
  • Privileges

The Texas Labor Code includes several additional requirements regarding disability discrimination, such as:

  • Employers must not use discriminatory job advertisements
  • Employers may not ask an applicant if they have a disability, but can ask if the person can perform specific job functions
  • Employers cannot make a job offer based on the results of a medical exam unless all similar jobs require this exam for all new hires
  • Employment agencies must not discriminate in referrals based on disability
  • Labor unions must not expel, exclude, or discriminate against individuals because of disability
  • Employers, employment agencies, and labor unions may not retaliate against anyone for opposing discriminatory practices or filing a disability discrimination complaint
  • State agencies and elected officials must follow non-discrimination laws even if they have fewer than 15 employees

Workplaces in Tyler fall under both state and federal regulations. When reviewing a potential claim, I consider which laws apply to your situation in Smith County and provide personalized advice on which statutes give you the strongest legal protections. Employers in Tyler and across East Texas must comply with both the Texas Labor Code and federal requirements. Local employers with government contracts often have additional accommodation obligations, and I can explain which rules apply based on your job and circumstances.

Your Timeline for Filing a Disability Discrimination Claim in Tyler

Meeting the deadlines is essential if you want to pursue a disability discrimination claim in Tyler or other parts of Texas. Most employees start by filing a complaint with the Texas Workforce Commission (TWC) or the Equal Employment Opportunity Commission (EEOC) before they can go to court. In Texas, employees generally have 180 days from the date of the alleged discrimination to file claims with TWC, and up to 300 days for claims through the EEOC. Failing to act within these deadlines can prevent your claim from moving forward, so responding promptly protects your rights at work.

If you work in Tyler, you can file a complaint online or through the Workforce Solutions East Texas office. The process usually includes an intake interview, a statement about your allegations, and a review to decide if your situation falls under state or federal law. After you file, TWC or EEOC investigators may reach out for more details and documents. Navigating these steps can feel stressful, but having support from a board-certified attorney with decades of experience in Smith County helps you build a more effective case and stay on track throughout the process. Connect with a skilled Tyler disability discrimination attorney today.

What Remedies Are Available for Disability Discrimination Victims?

When you bring a disability discrimination claim, you may qualify for several remedies if state or federal agencies or the courts rule in your favor. These remedies are designed to restore your workplace position and compensate you for the losses resulting from discrimination. Depending on your case, possible outcomes include returning to your previous job, receiving back pay for lost wages, front pay if return is not possible, or other equitable relief. Compensation for emotional distress may be available within legal guidelines set by Texas and federal law.

In Smith County and throughout Texas, these remedies hold employers accountable for violations and encourage fair treatment. State and federal authorities decide outcomes based on the specific facts of your case, not a fixed formula. As your advocate, I help you clarify your goals so we can seek remedies that support your career and sense of fairness. Knowing what to expect from each remedy can help you make informed choices as you move through your claim. Speak with a seasoned disability discrimination attorney as soon as possible.

What to Do If You Face Disability Discrimination in the Workplace

Unfair treatment by an employer because of a disability can have serious effects on your career and personal well-being. If you are a current or former employee, or if you applied for a job and believe you faced discrimination due to a disability, you can file a complaint. Anyone who experienced retaliation after opposing discriminatory actions may also file a complaint.

To file a complaint with the Texas Workforce Commission's Civil Rights Division, you must meet these requirements:

  • Your place of work is in Texas
  • Your employer has at least 15 employees
  • You file within 180 days of the discrimination
  • You can identify a specific harm, such as refusal to hire, denial of promotion, demotion, or firing

Filing your complaint on time is essential to moving your claim forward. In Tyler, the Texas Workforce Commission (TWC) has a local Workforce Solutions East Texas office where you may get information or begin the claim process. You are not required to visit in person, but some claimants find it helpful. Keep all emails, correspondence, and records related to the discrimination to strengthen your case and make it easier to work with the TWC or EEOC. I guide clients on the best ways to organize and document their information so your claim starts on a strong foundation.

As an alternative to filing with TWC-CRD, you may file a disability discrimination complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC has a 300-day deadline calculated from the date of discrimination. You must choose one agency, not both, to avoid complexity that could slow down your disability discrimination claim.

Understanding Your Rights in Disability Discrimination Cases

Individuals with disabilities receive workplace protections under federal and Texas law. These rules prevent employers from firing, refusing to hire, or failing to provide reasonable accommodations for qualified employees or applicants based on disability. Whether you work for a public or private employer in Tyler or Smith County, these laws apply in nearly every workplace except very small employers. You have the right to seek reasonable accommodations, including changes to job duties, modified schedules, or improved building access. Employers must consider requests for accommodations and engage in a process to find solutions unless fulfilling the request causes significant hardship for the business.

Our Tyler disability discrimination lawyer at Hommel Law Firm understands Texas and federal anti-discrimination laws and offers guidance and support when you want to pursue justice. You receive help navigating the legal system and ensuring your rights stay protected.

Some key points to consider in disability discrimination cases include:

  • Reasonable accommodations for individuals with disabilities
  • Protections against retaliation for asserting your rights
  • Filing a complaint with the Equal Employment Opportunity Commission (EEOC)
  • Potential remedies for victims of disability discrimination, including compensation for lost wages or possible reinstatement

If you have faced disability discrimination in the workplace, contact the firm to arrange a consultation. The disability discrimination lawyer in Tyler fights for employees with disabilities, providing the guidance and representation needed. You deserve respect and fair treatment at work, and my goal is to secure your workplace rights.

Contact the Disability Discrimination Attorney in Tyler

The Hommel Law Firm helps individuals file claims against employers for disability discrimination. In addition to support with the initial complaint, clients get guidance throughout the entire legal process. If your claim does not move forward, I can assist with filing a lawsuit. I have already taken over 100 cases to trial to obtain jury verdicts. I can draw on years of experience and resources to help you pursue an outcome you deserve.

Strict deadlines apply to workplace discrimination claims in Tyler, including those filed at the Smith County courthouse. Navigating administrative reviews, appeals, and court actions requires a strong understanding of both Texas and federal procedures. My board certifications in labor and employment law ensure you receive support from someone who has served East Texas workers in the courtroom and at the negotiation table for decades. For clear answers, timely communication, and a client-centered approach from an attorney who advocates only for workers, reach out to the office today.

Call (903) 412-3788 today to discuss your case with a Tyler disability discrimination attorney.

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Tailored Justice, Proven Results: Our Track Record of Settlements & Verdicts

Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.

  • Federal court delivered a verdict for violations Federal court delivered a verdict for violations of the Americans with Disabilities Act.
  • $175K Gross, $114K Net Recovery Motor Vehicle Accident with 18 Wheeler
  • $780K Gross, $115K Net Recovery Oil Field Workers Wage & Hour Collective Action
  • $98K Gross, $65K Net Recovery Oilfield Services Overtime - 2 employees

    The result was a settlement of $98,000 net to clients $65,000.

  • $325K Gross, $189K Net Recovery Police Shooting Death
  • $140K Gross, $90K Net Recovery Police Shooting Death

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  • Over 100 Cases Taken to Jury Trial
    The Hommel Law Firm's results speaks for themselves. If you have a case, Mr. Hommel will take it to trial.
  • Exclusively Representing Employees
    Because the Hommel Law Firm believes in seeking justice for those who have been treated unfairly in the workplace, Mr. Hommel only fights for employees, not the employers.
  • Over 30 Years of Experience
    With over 30 years of experience, Bill Hommel is prepared to listen to you and will not hesitate to take your case to trial to get the results you deserve.
  • Board Certified Attorney
    Attorney Bill Hommel is Board Certified in Civil Trial Law, Labor and Employment Law, and Personal Injury Trial Law by the Texas Board of Legal Specialization. Only about 3% of attorneys in the area are Board Certified Trial Attorneys.