If you believe your rights have been violated in San Antonio, our employment discrimination attorneys at The Galo Law Firm are ready to explore your options. Contact us online or call (210) 764-6135 to speak with our team.
Losing a job, being passed over for a promotion, or being denied basic workplace accommodations because of a medical condition is not just unfair. In most cases, it is illegal. San Antonio employees dealing with this kind of treatment have important legal options under both federal and Texas law, and the window to act is limited.
Why San Antonio Employees Choose The Galo Law Firm
Disability discrimination claims require a lawyer who understands how San Antonio employers and Bexar County courts actually operate. Our team at The Galo Law Firm has represented employees through all phases of employment litigation since 1994, from individual claims to class action suits, and brings extensive experience before courts, governmental agencies, and arbitration and mediation proceedings.
Our lead attorney is Board-Certified in labor and employment law, a distinction that reflects demonstrated experience in the field rather than general practice. That background includes extensive work on disputes involving the Americans with Disabilities Act (ADA), specifically, as well as other laws that apply to disability claims.
Disability Discrimination in San Antonio Workplaces
Disability discrimination claims can arise in any of San Antonio’s major industries, including healthcare, military and defense contracting around Joint Base San Antonio, hospitality, and retail. When a charge is filed, it is cross-filed with both the U.S. Equal Employment Opportunity Commission (EEOC) and the Texas Workforce Commission Civil Rights Division. Cases that proceed to federal court are heard in the U.S. District Court for the Western District of Texas, San Antonio Division.
You want a discrimination attorney with experience handling cases in local courts, both on the state and federal levels.
Elements of a Disability Discrimination Claim
To pursue a disability discrimination claim under the ADA or Texas Labor Code § 21.051, four core elements generally need to be established:
- Disabled status: You have a physical or mental impairment that substantially limits one or more major life activities, or your employer regarded you as having such an impairment. The ADA’s definition is intentionally broad and includes conditions that are episodic or in remission.
- Qualified to perform the job: You were able to perform the essential functions of your position, with or without a reasonable accommodation. This element addresses employer arguments that performance, not disability, drove their decision.
- Adverse employment action: Your employer took a negative action against you. This includes termination, demotion, and pay cuts, but it also includes denied accommodation requests, which are a standalone basis for a claim under 42 U.S.C. § 12112.
- Causation between the disability and adverse action: There is a connection between your disability and what your employer did. This does not require proof that disability was the only reason, but only that it was a motivating factor in the decision.
Building a clear record from the beginning is one of the most important things you can do to support your claim.
What Is a Reasonable Accommodation?
A reasonable accommodation is any change to the job, workplace, or work process that allows a qualified employee with a disability to perform their essential functions. Common examples include modified schedules, remote work, equipment adjustments, and reassignment. Once an employee requests an accommodation, the employer is required to engage in an interactive process to explore options. Refusing to participate in that process, or denying a request without exploring alternatives, can itself be the basis for a discrimination claim.
What Relief Can You Seek in a San Antonio Disability Discrimination Lawsuit?
If a disability discrimination claim is successful, the law provides several categories of relief depending on the circumstances of the case. Employees may be entitled to recover:
- Back pay: Wages and benefits lost from the date of the discriminatory action through the resolution of the case.
- Front pay: Compensation for future lost earnings when reinstatement is not a practical option.
- Reinstatement: Return to your prior position, though courts weigh whether the employment relationship can function going forward.
- Compensatory damages: Compensation for emotional distress, humiliation, and other non-economic harm caused by the discrimination.
- Punitive damages: Available in cases where the employer acted with malice or reckless indifference to your federally protected rights.
- Attorney fees and costs: In successful ADA and Texas Labor Code claims, prevailing plaintiffs may recover reasonable attorney fees.
The relief available depends on the specific facts, the applicable statute, and how the case is resolved, whether through settlement, agency determination, or trial.
What Is the Lawsuit Process?
Most disability discrimination claims follow a defined sequence before reaching court. In Texas, the process typically begins with an administrative filing rather than a lawsuit.
First, before filing a lawsuit, employees must submit a charge with the EEOC. For Texas employees, the deadline to file is generally 300 days from the discriminatory act. The 300-day filing deadline with the EEOC is firm. Missing it can bar a claim regardless of how strong the underlying facts are. Texas is a dual-filing state, so the charge is also cross-filed with the Texas Workforce Commission Civil Rights Division.
Next, the EEOC notifies the employer, gathers information, and may attempt mediation. The employer has the opportunity to respond to the allegations. Once the EEOC concludes its process (or upon request after 180 days), it issues a right-to-sue letter authorizing a federal lawsuit. From that point, the employee generally has 90 days to file suit in the proper court.
If the case proceeds to court, both sides exchange evidence through discovery, motions are filed, and the case may go to trial or be resolved through settlement at any stage.
Frequently Asked Questions About Disability Discrimination
Can a Disability That Comes and Goes Still Qualify for ADA Protection?
Yes. The ADA covers conditions that are episodic or in remission, as long as the impairment would substantially limit a major life activity when active. Conditions like migraines, epilepsy, depression, and lupus can all qualify even if symptoms are not constant. Your employer cannot deny protection simply because your condition is not visible or present every day.
Can My Employer Require Medical Documentation Before Granting an Accommodation?
Yes. Employers are generally permitted to request reasonable documentation confirming the disability and explaining why an accommodation is needed. They cannot, however, demand your full medical history or use the documentation process to delay or deny a request indefinitely.
What If My Employer Says the Accommodation Would Be Too Expensive?
Cost alone does not automatically constitute undue hardship. Employers must consider the overall financial resources of the organization, not just the cost of the specific accommodation. Many accommodations cost little or nothing, and employers are expected to explore alternatives before refusing.
Take the Next Step to Learn About Your Rights to Sue for Disability Discrimination in San Antonio
If you believe you have experienced disability discrimination at a San Antonio workplace, you do not have to sort through your options alone. Our San Antonio disability discrimination attorneys at The Galo Law Firm are ready to review what happened and advise on your legal options. Reach out to our firm at (210) 764-6135 or contact us online today.