Law Office of Gay E. Gilson

The following are summaries of laws which are provided for educational and informational purposes and it is not intended to be legal advice. The communication of information found on this website does not result in the formation of a lawyer-client relationship. Legal claims have deadlines and statute of limitations in which a timely claim must be made or your legal rights will be lost.  You should seek the opinion of an attorney regarding the merits of your potential legal claim and the applicable deadlines and/or statute of limitations. 

Americans with Disabilities Act

Prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities. The ADA also establishes requirements for telecommunications relay services.

The Department of Labor's Office of Disability Employment Policy (ODEP) provides publications and other technical assistance on the basic requirements of the ADA. It does not enforce any part of the law.

In addition to the Department of Labor, four federal agencies enforce the ADA:

• TheEqual Employment Opportunity Commission (EEOC)enforces regulations covering employment.
• TheDepartment of Transportation enforces regulations governing transit.
• TheFederal Communications Commission (FCC)enforces regulations covering telecommunication services.
• TheDepartment of Justice enforces regulations governing public accommodations and state and local government services.

You may also find information about workplace accommodations from the Job Accommodation Network.

Texas Labor Code Chapter 21

Is very similar in its protections of persons with a disability to the Americans with Disabilities Act. Under Texas law, "disability" means, with respect to an individual, a mental or physical impairment that substantially limits at least one major life activity of that individual, a record of such an impairment, or being regarded as having such an impairment. The term does not include:  (A) a current condition of addiction to the use of alcohol, a drug, an illegal substance, or a federally controlled substance; or (B) a currently communicable disease or infection as defined in Section 81.003, Health and Safety Code, or required to be reported under Section 81.041, Health and Safety Code, that constitutes a direct threat to the health or safety of other persons or that makes the affected person unable to perform the duties of the person's employment.

Retaliation

State and Federal laws prohibit retaliation against employees who file a charge of discrimination; participate in an investigation of discrimination or testify in regard to a charge complaint discrimination.

San Antonio, Laredo, Brownsville, McAllen, Robstown, Alice, Kingsville, Hebbronville, San Diego, Agua Dulce, Beeville, Victoria, Orange Grove, Mathis, Bishop, Driscoll, Gregory, Portland, Taft, Sinton, Odem, Rockport, Refugio, Bloomington, Goliad, Karnes City, Kenedy, Edinburg, Sharyland, Pharr, Raymondville, Mission, Alamo, San Benito, Harlingen, Port Isabel, Mercedes, Hidalgo, Cameron, Rio Grande City, Nueces, Port Aransas, Falfurrias, Premont, Brooks, Aransas Pass, Port Lavaca, Fulton, Padre Island