Can a disabled person be fired from a job?
In Texas, the answer to the question of whether a disabled person can be fired from a job is yes. Under both the state and federal law, an employer can fire an employee based on disability if the employer has a legitimate, non-discriminatory reason for the termination. This means that the employer cannot terminate someone simply because they are disabled, but the employer may fire them if it would be difficult for the employee to perform their job, or if they pose a safety hazard. The law does however, provide protection to disabled employees from unfair termination. Specifically, the Texas Labor Code requires employers to provide reasonable accommodations to disabled employees. This means that the employer must provide alterations to working conditions or equipment in order to make it easier for the disabled employee to complete their job. Additionally, employers cannot discriminate against disabled employees by providing them with lesser pay, fewer benefits, or fewer opportunities than their non-disabled counterparts. If an employer does violate disability law by wrongfully terminating an employee on the basis of disability, the employee may have a right to seek damages, including lost wages, emotional distress, and legal costs. In short, while employers can terminate disabled employees in Texas, they must do so on grounds of legitimate and non-discriminatory reasons for termination. If the termination is found to violate disability law, the employee may be entitled to damages.
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