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Reasonable Accommodation

Find information and resources about what is required for reasonable accommodation. This page includes information on federal and state laws, but is not intended to be used as legal advice.

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Reasonable Accommodation for Employment

(Texas Labor Code, Section 21.128)

  • Employers with 15 or more employees must make a good faith effort to provide reasonable accommodations to qualified employees or applicants with disabilities, unless such an accommodation would be an undue hardship.
  • An employer's refusal to provide reasonable accommodations is considered employment discrimination under this law.
  • The cost of an accommodation and the availability of alternate accommodations are factors in determining if an accommodation would be an undue hardship.
  • Courts cannot award damages for claims under this law against employers who can show that they have made good faith efforts to accommodate a qualified individual with a disability, which may include consultation with that individual and efforts to provide an equally effective opportunity for that individual.
  • Employers are exempted from providing reasonable accommodation to individuals who are only regarded as having a disability.

Reasonable Accommodation for Public Facilities

(Texas Human Resources Code, Sec 121.003)

  • Public facilities must make reasonable accommodations in policies, practices, and procedures or provide auxiliary aids and services necessary to allow the full use and enjoyment of the public facility.
  • A public facility is defined to include a street, highway, sidewalk, walkway, common carrier, airplane, motor vehicle, railroad train, motor bus, streetcar, boat, or any other public mode of transportation; a hotel, motel, or other place of lodging; a public building maintained by any unit or subdivision of government; a retail business, commercial establishment, or office building to which the general public is invited; a college dormitory or other education facility; a restaurant or other place where food is offered for sale to the public; and any other place of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly, normally, or customarily invited.
  • Public employees under the state, public subdivisions of the state, public schools, and organizations that receive public funding must be provided with receive reasonable accommodations to perform essential functions of the job, unless it is shown that there is no reasonable accommodation available.

Resources

Federal Law