ADA Retaliation Attorney in Texas | Americans with Disabilities Act

If you were fired, demoted, or punished after requesting a disability accommodation or complaining about ADA discrimination at your Texas workplace, you may have a retaliation claim under the Americans with Disabilities Act. The ADA and the Texas Commission on Human Rights Act (TCHRA) both prohibit employers from retaliating against employees who exercise their disability rights. With 28 years of experience, employment attorney Jack Nichols represents employees throughout Austin, Houston, San Antonio, and all of Texas. Wherever you work in Texas, federal and state law protect you when you stand up for your disability rights. Call (512) 595-1269 for a free confidential consultation.

What Is ADA Retaliation?

The ADA and TCHRA make it illegal for any covered Texas employer to retaliate against an employee because the employee:

• Requested a reasonable accommodation for a disability
• Filed a charge of disability discrimination with the EEOC or the Texas Workforce Commission
• Complained to HR or management about disability discrimination or failure to accommodate
• Participated in an EEOC or internal investigation as a witness or complainant
• Opposed disability discrimination in the workplace, even informally
• Assisted a coworker in filing a disability discrimination complaint

 

You do not need to have a formal diagnosis or a severe disability to be protected — the ADA covers a broad range of physical and mental impairments that substantially limit a major life activity, including chronic illness, anxiety, depression, ADHD, back conditions, PTSD, hearing loss, and many others common in Texas workplaces.

Texas Employers Covered by the ADA and TCHRA

The ADA and TCHRA apply to private employers with 15 or more employees. This covers the vast majority of mid-size and large employers throughout Austin, Houston, San Antonio, Dallas, Fort Worth, El Paso, and every other Texas city and region. Retaliation claims can be brought against corporations, partnerships, nonprofits, staffing agencies, and any other covered private employer operating in Texas.

ADA Retaliation Across Texas — Austin, Houston, San Antonio, and Beyond

ADA retaliation occurs across every industry and region of Texas. Our firm handles claims from employees throughout:

• Austin and Central Texas: Tech and software employees who request mental health or chronic illness accommodations and face sudden performance problems; healthcare workers denied accommodations for physical disabilities; service industry employees terminated after disclosing a disability; Travis, Williamson, and Hays county workers in all private-sector industries
• Houston and the Gulf Coast: Energy sector workers denied accommodations for injury-related or chronic disabilities; healthcare workers who face retaliation after requesting ADA or FMLA leave; manufacturing and logistics workers terminated after requesting modified duty; Harris, Fort Bend, Brazoria, and Galveston county employees
• San Antonio and South Texas: Private contractor employees who request accommodations and face adverse action; healthcare workers denied modified duty after reporting conditions; retail and hospitality workers terminated after disclosing mental health conditions; Bexar, Comal, and Guadalupe county employees
• North, East, and West Texas: Oil and gas workers across the Permian Basin and Eagle Ford Shale denied accommodations after on-the-job injuries; agricultural and manufacturing workers throughout rural Texas; employees in every industry who face retaliation for exercising their disability rights

What ADA Retaliation Looks Like in Texas Workplaces

ADA retaliation can take many forms beyond immediate termination:

• Termination or forced resignation shortly after requesting an accommodation or filing a complaint
• Demotion, pay cut, or elimination of responsibilities following protected activity
• Denial of promotion or advancement opportunities after requesting an accommodation
• Sudden negative performance evaluations that appear only after the accommodation request or complaint
• Being placed on a performance improvement plan (PIP) shortly after a protected complaint as a pretext for termination
• Increased scrutiny, unwarranted discipline, or hostile treatment following protected activity
• Exclusion from training, projects, or teams after disclosing a disability

Filing Deadlines for Texas ADA Retaliation Claims

ADA retaliation claims require exhaustion of administrative remedies before a lawsuit can be filed. You must file a charge within:

• 180 days — to file with the TWC Civil Rights Division under the TCHRA
• 300 days — to file with the EEOC under the ADA

These deadlines run from the date of the retaliatory act. Missing them can permanently bar your claim. Contact a Texas ADA retaliation attorney immediately after any adverse employment action.

What Damages Can a Texas 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 — Texas ADA Retaliation

I requested a work-from-home accommodation in Texas for a chronic health condition and was fired two months later. Is that retaliation?

It may be. The two-month gap between your accommodation request and termination, combined with the absence of other performance issues before the request, can be strong circumstantial evidence of retaliation. Courts look at timing, any statements by supervisors, your performance history, and how similarly situated employees were treated. You must file with the EEOC or TWC before suing — contact a Texas ADA retaliation attorney immediately.

My Texas employer denied my disability accommodation and then fired me when I complained. Do I have both a discrimination and a retaliation claim?

Yes — if your employer denied a reasonable accommodation without an undue hardship justification and then fired you for complaining about that denial, you likely have both an ADA failure-to-accommodate claim and a separate ADA retaliation claim. These are distinct legal theories that can be pursued simultaneously. An experienced Texas ADA attorney can evaluate both claims and advise on strategy.

I participated as a witness in a coworker’s ADA complaint at my Texas employer and was later terminated. Do I have a retaliation claim?

Yes — ADA retaliation protection extends to employees who participate in protected activity on behalf of others. If you were fired because you testified, provided a statement, or otherwise cooperated in a coworker’s ADA complaint, you have a viable retaliation claim under both the ADA and TCHRA. Contact a Texas ADA retaliation attorney immediately.

Why Choose The Law Office of Jack Quentin Nichols, PLLC, as Your Texas ADA Retaliation Attorney

• 28 years experience
• Former attorney at the Texas Attorney General’s Office / Texas Workforce Commission
• Licensed in all four U.S. District Courts in Texas — Western (Austin and San Antonio Divisions), Southern (Houston Division), Northern, and Eastern Districts
• Member: State Bar of Texas Labor & Employment Section; Texas Employment Lawyers Association (TELA)
• Contingency fee basis — no fee unless we win
• Representing employees in Austin, Houston, San Antonio, Dallas, Fort Worth, El Paso, Lubbock, Midland, Corpus Christi, McAllen, Laredo, and all of Texas