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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

Texas Workforce Commission: Especially for Texas Employers

This document has valuable information for employers and employees on Texas employment laws.

Stay-at-Work/Return-to-Work Toolkit

This toolkit released by The Council of State Governments includes common disability terms, useful links to resources, and guides from a variety of states.

Soft Skills to Pay the Bills - Mastering Soft Skills for Workplace Success

This is a curriculum developed by Office of Disability Employment Policy focused on teaching "soft" or workforce readiness skills to youth, including youth with disabilities. Created for youth development professionals as an introduction to workplace interpersonal and professional skills, the curriculum is targeted for youth ages 14 to 21 in both in-school and out-of-school environments. The basic structure of the program is comprised of modular, hands-on, engaging activities that focus on six key skill areas: communication, enthusiasm and attitude, teamwork, networking, problem solving and critical thinking, and professionalism.

Above and Beyond: Employment Practices

Suggestions for creating a welcoming and inclusive environment for ALL people to help make your business or service stand out created by the Governor's Committee on People with Disabilities