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Disability Discrimination

Tyler Disability Discrimination Attorney

A $750,000 ADA Verdict. Three Board Certifications. Only Employees.

William Hommel Jr. has taken ADA cases to federal jury verdict, including a $750,000 verdict for disability discrimination with a $450,000 punitive-damage award on behalf of a client. That record reflects over 38 years of trial practice and three board certifications from the Texas Board of Legal Specialization: Civil Trial Law, Labor and Employment Law, and Personal Injury Trial Law. If you’re looking for a disability discrimination attorney in Tyler who represents only employees, not employers, Hommel Law Firm is a firm in East Texas built to take your case to trial if that’s what it takes.

Disability discrimination under the ADA and Texas Labor Code Chapter 21 covers three categories of protected individuals: those with a physical or mental disability that substantially limits a major life activity, those with a history of such a disability, and those an employer regards as having a disability. Adverse employer actions in any of those categories, including decisions about hiring, promotion, pay, job assignments, training, and termination, may constitute unlawful discrimination. Most cases are handled on a contingent fee basis, so there are no upfront legal fees to get started.

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

Laws & Protections Against Disability Discrimination

Both state and federal law protect workers with disabilities from unfair treatment, and both apply to most employers in Tyler and Smith County.

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

  • Hiring
  • Training
  • Firing
  • Compensation
  • Terms, conditions, and privileges of employment

Texas Labor Code Chapter 21 includes several additional requirements:

  • Employers must not use discriminatory job advertisements
  • Employers may not ask an applicant whether they have a disability, but can ask whether the person can perform specific job functions
  • Employers can’t condition a job offer on the results of a medical exam unless all new hires in the same job category must take that exam
  • 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 complaint
  • State agencies and elected officials must follow non-discrimination laws even with fewer than 15 employees

When I review a potential claim, I evaluate which statutes, Texas Labor Code Chapter 21 or the ADA, give the strongest protections for your specific situation in Smith County. If your employer holds government contracts, additional accommodation obligations under federal contractor requirements may also apply, and I can explain which rules govern based on your job and circumstances.

Reasonable Accommodations & the Interactive Process

Employers covered by the ADA and Texas Labor Code Chapter 21 must engage in a good-faith, interactive process with any employee who requests an accommodation. That means a genuine dialogue aimed at identifying a workplace adjustment that allows the employee to perform the essential functions of the job. The conversation itself is a legal obligation, not a courtesy.

Reasonable accommodations may include:

  • Modified work schedules
  • Changes to job duties or reassignment to a vacant position
  • Adjusted or new equipment
  • Interpreter services
  • Accessible facility modifications

An employer may decline an accommodation only by demonstrating that it would cause undue hardship, considering factors such as cost, financial resources, and the nature of the business. That burden falls on the employer, not on you. Employees who face retaliation after requesting an accommodation may have independent grounds for a complaint under both the ADA and Texas Labor Code Chapter 21. I represent employees in Tyler and Smith County who have been denied accommodations or faced retaliation after asserting those rights.

Your Timeline for Filing a Disability Discrimination Claim in Tyler

Missing a filing deadline can end a viable claim before it begins. Texas employees generally have 180 days from the date of the alleged discrimination to file with the Texas Workforce Commission (TWC) Civil Rights Division, and up to 300 days to file with the Equal Employment Opportunity Commission (EEOC). Under a worksharing agreement between the two agencies, filing with one automatically cross-files your charge with the other, so you don’t need to file separately with both.

To file with the TWC’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 termination

Tyler employees can file online or through the Workforce Solutions East Texas office serving Smith County. The process typically includes an intake interview, a statement of allegations, and an agency review; investigators may follow up for additional documents. Strict deadlines also apply to claims filed at the Smith County courthouse for matters that proceed to state court.

I guide clients on organizing and documenting their information, including emails, correspondence, performance records, and incident logs, so the claim starts on a strong foundation. Starting that work early can make a measurable difference in how a case develops.

What Remedies May Be Available for Disability Discrimination

A successful disability discrimination claim may produce several forms of relief, depending on the facts of your case and the findings of the agency or court. Possible outcomes include reinstatement to your prior position, back pay for lost wages, front pay where reinstatement isn’t feasible, other equitable relief, and compensation for emotional distress within limits set by Texas and federal law. Punitive damages may be available where an employer acted with malice or reckless indifference to federally protected rights.

The $750,000 federal jury verdict I obtained in an ADA case, which included a $450,000 punitive-damage award, demonstrates that disability discrimination claims can reach trial and may produce substantial results. Remedies are evaluated based on the specific facts of your case, not a fixed formula. My role is to help you understand what outcomes may be available so you can make informed decisions throughout the process.

Why Tyler Employees Choose Hommel Law Firm

I am one of only two attorneys in Texas holding board certification in all three specialty areas: Civil Trial Law, Labor and Employment Law, and Personal Injury Trial Law, each certified by the Texas Board of Legal Specialization. Those certifications reflect demonstrated competence in both the substantive law and the trial skills that disability discrimination cases demand when employers refuse to make things right.

I’ve handled more than 100 jury trials across my career and am admitted to practice before the United States District Courts for the Eastern District of Texas, where federal employment cases from Tyler are filed. As a former president of the Smith County Bar Association, I have deep roots in this legal community. My practice represents only employees, not employers, which means my interests and yours are aligned. Most cases are handled on a contingent fee basis, so financial barriers don’t stand between you and a serious legal advocate.

If you believe you’ve faced disability discrimination, the timeline for action is short. Reach out before a deadline closes your options.

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

Contact Hommel Law Firm Today!

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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.