Employers in Texas have a wide variety of state and federal laws to comply with. From wage and hour laws to laws against discrimination in many forms, there is no shortage of potential legal pitfalls for employers to try to navigate. The Americans with Disabilities Act is one such federal law.
So, what should employers know about ADA requirements? Well, for starters, it is important to understand the basic premise of the ADA: the prohibition of discrimination against disabled people due to their disabilities.
That may sound fairly straightforward, but the reality of ADA compliance for employers can become quite complicated in a hurry.
ADA basics
Probably one of the first steps toward compliance that any employer will want to take is to see if the ADA actually applies to them. That’s right – it doesn’t apply to all employers. The next step should include an analysis of areas where discrimination based on a disability might occur, if it does.
For example, as the Equal Employment Opportunity Commission notes on its website, recruitment, hiring decisions, employment termination decisions and even training assignments may all be scrutinized for potential areas where disability discrimination could occur. And, if an employee asserts rights under the ADA, it is unlawful for the employer to retaliate because of that.
The vast majority of employers in Texas are probably in full compliance with the ADA. However, reality can be different from a person’s perception of discrimination, which can then quickly lead to a lawsuit. To protect your organization or company, be sure that you are taking all available precautions to ensure compliance with the Americans with Disabilities Act.