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 days from 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. These caps range from a cap of $50,000 for an employer with fewer than 101 employees to a cap of $300,000 for an employer with more than 500 employees.
  • Requires the Texas Labor Code to align with the United States Congress ADA Amendments Acts of 2008 and 2009 in order to clarify the meaning of "disability" and further protect employees with disabilities from discrimination.
  • Promotes competitive employment opportunities for people with disabilities.
  • Requires the Health and Human Service Commission (HHSC), the Texas Education Agency (TEA) and the Texas Workforce Commission (TWC) to adopt and implement an employment policy that ensure that all working-age people with disabilities are offered information and trainings about employment and assist employers, community providers, public school staff and vocational service programs with achieving the employment policy goals.
  • Provides assistance finding and sustaining employment to individuals in specific Medicaid waiver programs.

Texas Statutes


Relevant Federal Laws

Americans with Disabilities Act Title I
http://www.eeoc.gov/policy/ada.html
Equal Employment Opportunity Commission
(800) 669-4000, (800) 669-6820 (TTY)


Resources