Disability discrimination - Texas

Summary of differences between federal and state regulations

The federal Americans with Disabilities Act provides a floor of provisions with which employers must comply. State laws may provide greater rights than the federal minimum.

Under the Texas law, the following applies:

Employer defined

“Employer” means:

• a person engaged in an industry affecting commerce and who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, or any agent of such a person;
• an individual elected to public office in the state or a political subdivision of the state; or
• a county, municipality, state agency, or state instrumentality, regardless of the number of individuals employed.

Unlawful employment practices

The unlawful employment practices and exemptions are similar to those under the federal Americans with Disabilities Act. For example, the state law includes exemptions for bona fide occupational qualifications and requires employers to make reasonable accommodations.

In 2009, the state law adopted many of the provisions of the federal ADA Amendments Act. The state provisions reflect those of the federal law in regard the definition of "major life activities," and "regarded as having such an impairment." Like the federal requirements, the state requirements are to be construed in favor of broad coverage of individuals. The determination of whether an impairment substantially limits a major life activity must be made without regard to the effects of mitigating measures.

The state provisions also reflect the federal requirements in regard to qualification standards and an individual's uncorrected vision, and accommodations are not required for individuals who are regarded as having a disability.

Each state agency must provide employment discrimination training to its employees. The training program must provide information regarding the agency’s policies and procedures relating to employment discrimination, including employment discrimination involving sexual harassment. Each employee of a state agency must attend the training program not later than the 30^th day after the date the employee is hired and must attend supplemental training every two years. Each employee who attends a training program must sign a statement verifying the employee’s attendance at the training program. The agency must file the statement in the employee’s personnel file.

Recordkeeping

A person under investigation in connection with a charge filed must:

• make and keep records relevant to the determination of whether unlawful employment practices have been or are being committed;
• preserve the records for the period required by commission rule or court order; and
• make reports from the records as prescribed by commission rule or court order as reasonable, necessary, or appropriate.

A covered person who controls an apprenticeship, on-the-job training, or other training or retraining program must:

• keep all records reasonably necessary to carry out the purposes of the law, including a list of applicants for participation in the program and a record of the chronological order in which applications for the program were received; and
• furnish to the commission on request a detailed description of the manner in which individuals are selected to participate in the program.

Posting

The “Texas Commission on Civil Rights Employment Rights Poster” must be displayed in the workplace.

State

Contact

Texas Workforce Commission- Civil Rights Division

Regulations

Texas Labor Code, Title 2, Chapter 21, Employment Discrimination

Texas Administrative Code, Title 40, Part 20, Chapter 819, Texas Workforce Commission Civil Rights Division

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

Americans With Disabilities Act

29 CFR Parts 1630, Regulations to Implement the Equal Employment Provisions of the Americans With Disabilities Act