Yes, in most cases, it is illegal for an employer to refuse to hire you because of a disability. Federal law prohibits this type of discrimination, and if you were turned down for a job in San Antonio and believe your disability was the reason, you may have a legal claim. Here is what the law actually says, where the exceptions are, and what you can do if this happened to you.
The Federal Law That Protects You
The Americans with Disabilities Act (ADA) is the primary federal law that prohibits covered employers from discriminating against a qualified person with a disability in any aspect of employment, including hiring. This law applies to private employers with 15 or more employees, as well as state and local governments, employment agencies, and labor unions.
What Is a Disability?
Under the ADA, a disability is defined as a physical or mental impairment that substantially limits one or more major life activities. This covers a wide range of conditions, from mobility impairments and chronic illness to mental health conditions, diabetes, epilepsy, HIV, cancer, and many others.
What Is a Qualified Individual?
To be protected, you also need to be a “qualified individual,” which means you can perform the essential functions of the job, either with or without a reasonable accommodation. If you meet the basic requirements for the position and your disability does not prevent you from doing the core duties, an employer cannot legally use your disability as a reason to pass you over.
What Counts as Disability Discrimination in Hiring?
Discrimination does not always look obvious. Employers rarely say outright that they are not hiring someone because of a disability. Instead, it tends to show up in more indirect ways.
Signs that disability discrimination may have occurred in the hiring process include:
- Being asked illegal questions about your medical history or diagnosis during an interview
- Getting withdrawn from consideration after disclosing a disability or requesting an accommodation
- Being told you are “not a good fit” with no other explanation after a disability became visible or known
- Receiving a conditional job offer that was then rescinded after a medical exam revealed a disability
- Being required to pass a medical examination that applicants without disabilities were not required to complete at the same stage
Before a job offer is made, employers are not allowed to ask you about your disability or require a medical exam. After a conditional offer is made, a medical exam may be required, but only if it is required of all applicants in the same job category.
What Is a Reasonable Accommodation and How Does It Apply to Hiring?
If you can do the job with some adjustment to how the work is done or the environment, your employer is required to provide what the law calls a “reasonable accommodation,” unless doing so would cause significant difficulty or expense for the business.
In the hiring context, this might mean:
- Adjusting the application or interview process to accommodate your needs
- Providing an accessible interview location
- Allowing extra time on a job-related test
If an employer refuses even to consider an accommodation and rejects you because of your disability, that refusal may itself be a violation of the ADA.
Texas State Protections
In addition to federal law, the Texas Commission on Human Rights Act (TCHRA) under Texas Labor Code Chapter 21 provides state-level protections against disability discrimination in employment. The TCHRA largely mirrors the ADA in its disability-related protections, but is enforced through the Texas Workforce Commission Civil Rights Division. Texas law applies to employers with 15 or more employees and covers the same general categories of prohibited conduct.
If you file a complaint in Texas, you can go through the Texas Workforce Commission, the Equal Employment Opportunity Commission (EEOC), or both. The agencies have a worksharing agreement, which means filing with one typically covers both.
Are There Any Legal Exceptions?
Yes, and it is worth knowing them so you have a realistic picture of where the law draws its lines.
Situations where an employer may have a legal defense include:
- The disability would prevent you from performing the essential functions of the job, even with a reasonable accommodation
- Hiring you would pose a “direct threat,” meaning a significant risk of substantial harm to yourself or others, and no accommodation could reduce that risk
- The employer has fewer than 15 employees and is not covered by the ADA or Texas Labor Code Chapter 21
- The position involves a specific federal security clearance requirement tied to the nature of the role
Even in these situations, the employer generally has to show the limitation is based on objective evidence, not assumptions about what someone with your condition can or cannot do.
How to File a Complaint
If you believe you were denied a job in San Antonio because of your disability, start by writing down everything you remember about the application and interview process, what was said, by whom, and when. Save any emails, rejection letters, offer letters, and application records. If a medical exam was part of the process, note when it occurred relative to the offer. These details matter when building a discrimination claim.
Before filing a lawsuit, you are typically required to file a charge of discrimination with the EEOC or the Texas Workforce Commission Civil Rights Division. In Texas, you generally have 300 days from the discriminatory act to file with the EEOC.
The process generally works like this:
- Filing a charge with the EEOC or the Texas Workforce Commission
- Waiting while the agency investigates and attempts mediation
- Receiving a right to sue letter if the charge is not resolved, which allows you to take the claim to federal court
- Filing a lawsuit within 90 days of receiving that letter
Missing any of these deadlines can affect your ability to pursue a claim, so do not wait to seek legal guidance.
You Deserved That Job. Talk to Us About What Happened
If you were denied a job in San Antonio because of a disability, you do not have to figure out your options alone. The Galo Law Firm‘s San Antonio discrimination attorneys represent workers whose rights have been violated in the workplace and in the hiring process. Call us at (210) 764-6135 or contact us online to talk through what happened and your next steps.