If you were fired, demoted, or punished after requesting a disability accommodation or complaining about ADA discrimination at your San Antonio workplace, you may have a retaliation claim. With 28 years of experience, San Antonio ADA retaliation attorney Jack Nichols represents Bexar County and South Texas employees. San Antonio’s diverse private-sector economy — spanning construction, healthcare, hospitality, manufacturing, private contracting, and financial services — produces ADA retaliation claims across every industry. Texas and federal law prohibit your employer from punishing you for exercising your disability rights. Call (512) 595-1269 for a free confidential consultation.
About the Attorney: Jack Quentin Nichols is licensed by the State Bar of Texas (admitted 1997) and has represented Texas employees exclusively for 28 years. Former attorney at the Texas Attorney General’s Office/Texas Workforce Commission. Learn more about Jack Nichols →
What Is ADA Retaliation in San Antonio?
The Americans with Disabilities Act (ADA) and the Texas Commission on Human Rights Act (TCHRA) prohibit any covered San Antonio employer from retaliating against an employee for engaging in protected disability-related activity. Protected activity includes:
- Requesting a reasonable accommodation for a physical or mental disability
- Filing a charge of disability discrimination with the EEOC San Antonio Field Office or the Texas Workforce Commission
- Complaining to HR or management about disability discrimination or a denial of accommodation
- Participating in an EEOC investigation or internal company investigation
- Opposing disability discrimination in the workplace, even informally
- Assisting a coworker who filed an ADA complaint
The ADA covers a broad range of physical and mental impairments — including chronic pain, musculoskeletal conditions, anxiety, depression, PTSD, hearing loss, heart conditions, and many others that are common in San Antonio’s workforce across construction, healthcare, private contracting, and service industries.
San Antonio Industries Where ADA Retaliation Occurs
ADA retaliation in San Antonio and the surrounding South Texas region occurs across a wide range of private-sector industries. Common situations our firm handles include:
- Private contracting and defense support: Civilian employees working for private contractors in and around San Antonio’s military installations who request accommodations for service-connected or other disabilities — including PTSD, hearing loss, chronic pain, or orthopedic conditions — sometimes face adverse employment action after the disclosure or accommodation request
- Healthcare and medical services: Nurses, medical assistants, laboratory staff, and healthcare support workers at private San Antonio healthcare facilities who request accommodation after developing chronic back conditions, repetitive stress injuries, or mental health conditions sometimes face termination or exclusion from desired assignments after the request
- Construction and skilled trades: Workers who develop chronic injuries or conditions through physically demanding work and request modified duty, different equipment, or scheduling accommodations sometimes face termination rather than accommodation from San Antonio-area construction employers
- Hospitality, tourism, and food service: Hotel staff, restaurant workers, and entertainment venue employees throughout San Antonio — particularly in high-volume tourism corridors — who request accommodations for physical limitations or mental health conditions sometimes face retaliation including shift reduction, exclusion from work, or termination
- Manufacturing and industrial: Workers at San Antonio-area food processing facilities, automotive parts plants, and other manufacturing operations who develop repetitive motion injuries or other occupational conditions and request accommodations sometimes face adverse action
- Financial services and professional offices: Office workers and professionals at San Antonio financial institutions and professional services firms who request accommodations for mental health conditions — including anxiety, depression, or ADHD — sometimes face sudden performance criticism or termination after the disclosure
- Retail and customer service: Retail employees and customer-facing workers throughout Bexar County who request seating, schedule, or other accommodations for disability-related conditions sometimes face retaliation from private employers
What ADA Retaliation Looks Like in San Antonio Workplaces
San Antonio employers use many tactics to retaliate against employees who request disability accommodations or file complaints:
- Termination or forced resignation shortly after requesting an accommodation or filing a complaint
- Sudden negative performance evaluations that appear only after the accommodation request or disability disclosure
- Being placed on a performance improvement plan (PIP) shortly after protected activity as a pretext for termination
- Demotion, pay cut, or elimination of responsibilities following the accommodation request
- Exclusion from desirable shifts, projects, or advancement opportunities after disclosing a disability
- Increased scrutiny, unwarranted discipline, or hostile management following the request
- Removal from a contract assignment or project roster shortly after a protected complaint
Filing Deadlines for San Antonio ADA Retaliation Claims
You must file an administrative charge before suing for ADA retaliation. The deadlines are:
- 180 days — to file a charge with the Texas Workforce Commission Civil Rights Division under the TCHRA
- 300 days — to file a charge with the EEOC San Antonio Field Office under the ADA
These deadlines run from the date of the retaliatory act — not from when you decide to act. Missing them can permanently bar your claim. Contact a San Antonio ADA retaliation attorney immediately after any adverse employment action.
What Damages Can a San Antonio Employee Recover for ADA Retaliation?
- Back pay — lost wages and benefits from the date of the retaliatory action
- Front pay — future lost earnings where reinstatement is not feasible
- Reinstatement to your former position or an equivalent role
- Compensatory damages for emotional distress and mental anguish
- Punitive damages — available against employers who acted with malice or reckless indifference
- Attorney’s fees and court costs
Frequently Asked Questions — San Antonio ADA Retaliation
I work for a private contractor in San Antonio and requested an accommodation for a chronic back condition. I was removed from my contract assignment two weeks later. Is that retaliation?
Yes — removal from a contract assignment within two weeks of an accommodation request is a recognized form of adverse employment action under the ADA, even if you were not formally “terminated.” Contract employees at private San Antonio employers are covered by the ADA the same as any other employee. The timing between your request and removal is strong circumstantial evidence of retaliation. You must file with the EEOC or TWC before suing — contact a San Antonio ADA retaliation attorney immediately given the 180 or 300-day deadline.
I disclosed a mental health condition to my San Antonio employer and was placed on a PIP the following month with no prior performance issues. What can I do?
A PIP that appears for the first time after a disability disclosure — with no prior performance concerns — is a well-recognized pattern of ADA retaliation. Gather all prior performance reviews, commendations, and favorable communications you received before the disclosure. The contrast between your pre-disclosure record and the sudden PIP is powerful evidence of pretext. The PIP itself is the adverse action that triggers your filing deadline. Contact a San Antonio ADA retaliation attorney now to evaluate your claim.
My San Antonio employer denied my accommodation request without explanation and then terminated me when I kept asking for help. Do I have a claim?
Yes — if your employer denied a reasonable accommodation without engaging in the required interactive process and then terminated you when you continued to seek help, you likely have both a failure-to-accommodate claim and a separate ADA retaliation claim. These are distinct theories that can be pursued simultaneously. The sequence of unexplained denial followed by termination is a recognized pattern in ADA cases. Contact a San Antonio ADA retaliation attorney to evaluate both claims together.
Why Choose The Law Office of Jack Quentin Nichols, PLLC, as Your San Antonio ADA Retaliation Attorney
- 28 years exclusively representing Texas employees — never employers
- Former attorney at the Texas Attorney General’s Office / Texas Workforce Commission
- Licensed in the Western District of Texas (San Antonio Division)
- Member: State Bar of Texas Labor & Employment Section; Texas Employment Lawyers Association (TELA)
- Contingency fee basis — no fee unless we win
- Serving employees in San Antonio, New Braunfels, Seguin, Schertz, Converse, Universal City, Boerne, Kerrville, Laredo, Eagle Pass, Del Rio, and all of Bexar, Comal, Guadalupe, Medina, Atascosa, and Wilson counties