Can employers terminate an employee due to a disability?

The short answer is yes, employers in Texas can terminate an employee due to their disability, though the situation requires careful scrutiny to ensure that it is not a violation of disability law. According to the Texas Workforce Commission, it is unlawful for an employer to terminate an employee because of their disability or to discriminate against them in terms of salary, job assignments, or other terms and conditions of employment. However, if an employee’s disability renders them unable to satisfactorily perform their job duties, an employer can lawfully terminate the employee. This is based on the concept of reasonable accommodation outlined by the Americans with Disabilities Act (ADA), which states that employers are responsible for providing suitable accommodations for employees with disabilities so they can perform their job duties. If the employee’s disability prevents them from meeting job responsibilities, then an employer is authorized to terminate the employee. In addition, an employer in Texas can lawfully terminate an employee with a disability if the accommodation required to enable them to remain employed would cause the employer “undue hardship.” An example of this would be if the accommodation is financially costly, compromises the safety of other people, or would alter the nature of the job. Though employers have the legal right to terminate an employee with a disability, there are certain regulations they must abide by to ensure they are in compliance with disability law. Employers should always contact a knowledgeable attorney or the Texas Workforce Commission for guidance when deciding whether or not to terminate an employee with a disability.

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Can employers terminate an employee due to a disability?

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