Civil Justice Center - Washington & Ernster, LLC

Did you know?

During the fiscal year of 2006 there were over 15,000 disability discrimination claims filed with the EEOC.

 

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Awards & Nominations

Houston's Top Lawyers -- The Cletus Ernster & Mickey Washington Interview

Houston's Top Lawyers

-- A star trades the end zone for a courtroom

2007 - 2008 “Matthew W. Plummer, Sr. Justice Award.”

2007 Texas Super Lawyers

2006 Law Dragon 500 New Star

2006 H Texas Magazine Houston's Top Lawyers

NAACP Alex Award For Legal Excellence

NAACP Special President’s Award

Texas Lawyer Magazine 40 up and coming lawyers under 40

Congressional Recognition

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EEOC Employment Discrimination Charge Statistics

Civil Justice Center

Disability Discrimination

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Employment discrimination laws have been enacted to protect against Disability Discrimination in the United States. One such law is the Americans with Disabilities Act of 1990 (ADA), which prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.

Note: The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADA's nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rules.

Forms of Disability Discrimination

Under Title 1 of the Americans with Disabilities Act (ADA), it is illegal to discriminate in any aspect of employment, including:

  • hiring and firing;
  • compensation, assignment, or classification of employees;
  • transfer, promotion, layoff, or recall;
  • job advertisements;
  • recruitment;
  • testing;
  • use of company facilities;
  • training and apprenticeship programs;
  • fringe benefits;
  • pay, retirement plans, and disability leave; or
  • other terms and conditions of employment.

Qualified Employee or Applicant & Reasonable Accommodation

An individual with a disability is a person who (i) has a physical or mental impairment that substantially limits one or more major life activities; (ii) has a record of such an impairment; or (iii) Is regarded as having such an impairment.

A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to (i) making existing facilities used by employees readily accessible to and usable by persons with disabilities, (ii) job restructuring, modifying work schedules, reassignment to a vacant position, (iii) acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.

Requirements of the Employer

An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.

An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids.

Do I Have a Disability Discrimination Lawsuit?

If you feel that you have been discriminated against because of your disability, WE can help. Our law firm’s employment discrimination attorneys are an experienced team of trial lawyers that represent our clients in disability discrimination lawsuits. We are a small yet powerful boutique type law firm with the resources available to represent you in your time of need.

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Disability Discrimination Resources

EEOC Employment Discrimination Charge Statistics

Disability Discrimination News (National)