Dallas Disability Discrimination Lawyer
The Americans with Disabilities Act (ADA) of 1990 prohibits any discrimination or harassment based on a person's physical, sensory, or cognitive disability.
If you've experienced disability discrimination in Dallas, TX, employment law attorney Dan A. Atkerson can help you file a legal claim.
What Is Considered a Disability? Legal Definition and Situations in Which to File a Discrimination Claim
Under the ADA, a person with a disability is someone who:
- Has a physical or mental impairment that substantially limits their ability to eat, speak, breathe, stand, lift, or perform other major activities
- Has a medical history or record of experiencing such impairments
- Is perceived by others as having a physical or mental impairment
Based on the above description, the legal definition of disability covers a wide range of conditions, including mobility disabilities that necessitate the use of a wheelchair or walker, cerebral palsy, blindness, deafness, cancer, HIV/AIDS, post-traumatic stress disorder (PTSD), epilepsy, intellectual disabilities, and traumatic brain injuries (TBI).
Examples of Disability Discrimination
- Refusal to hire someone because they use a wheelchair or other mobility device
- Denying a raise or promotion on the basis of a disability
- Mistreating an employee because it's believed they have a mental health or intellectual disability
- Insulting or bullying an employee because of their disability
- Denying use of an assistive device or office equipment that would allow a disabled employee to complete their work
- Firing an employee because of their past medical history
- Denying paid time off (PTO) or unpaid leave on the basis of a worker's disability status
- Using derogatory language about an employee's disability
We Support Texas Workers with Disabilities We Can Help Secure Reasonable Accommodations or a Separation From a Discriminatory Employer
If you faced any kind of adverse treatment at your job because of your disability, attorney Dan A. Atkerson can help. He's worked on numerous disability discrimination claims against Dallas-Fort Worth companies of all sizes. He can help you seek reasonable accommodations or secure a payout following wrongful termination.
Deadline to File Discrimination Charges You Have a Limited Amount of Time to Make a Formal Complaint
All workers have a limited amount of time to report an incident of discrimination at their workplace. Failure to file a complaint within these time limits will affect your ability to get an outside investigation into your claim or pursue legal action against your employer.
Deadline to File a Complaint with the EEOC
You have 180 calendar days to file a disability discrimination complaint with the Equal Employment Opportunity Commission (EEOC). If you are a federal employee, you have just 45 days to contact an EEOC counselor about the disability discrimination you experienced.
Deadline to File a Complaint with the TWC
Like the EEOC deadline above, you have 180 days to file a disability discrimination complaint with the Civil Rights Division of the Texas Workforce Commission (TWC).
Speak with a Disability Discrimination Attorney Dallas Workers with Disabilities Can Contact Our Employment Law Firm for Legal Counsel
If you've experienced disability discrimination in Dallas-Fort Worth, consider speaking with a lawyer as soon as possible. Attorney Dan A. Atkerson can provide guidance through your disability discrimination claim. We can help ensure reasonable accommodations are made at work or seek a payout for your mistreatment.
To set up a case evaluation with a trusted North Texas employment attorney, contact our law office in Allen, TX.
(214) 383-3606
Fighting Harassment and Discrimination Dallas-Fort Worth Workers Can Count on Our Employment Law Firm for Legal Advice and Counsel
Jono Rang
Allen, TX
2024
Dan is an excellent communicator, he helped to settle my claim quickly, I highly recommend Dan, he's a dedicated attorney and a master at his craft, and a true professional!
View on Googlejeffsimons2009
Allen, TX
2024
Dan represented me in an employment issue. He was very professional and undaunted in the face of adversity. He provided me with consistent and informative updates. I am very satisfied with his services!
View on GoogleGet to Know Dan A. Atkerson An Esteemed Texas Employment Lawyer Whose Career Spans Five Decades
Attorney Dan A. Atkerson has fought for Dallas-Fort Worth workers since 1984. A lifelong Texan, he understands the struggles working people face while on the job. He can evaluate your disability discrimination complaint, determine the value of your case, and help you understand what to do next.
Verdicts & Settlements Successful Case Results We've Achieved for Texas Workers Over the Years
Over the years, Dan A. Atkerson has secured notable payouts and jury verdicts of clients who worked for Dallas-Fort Worth companies. This is just a sample of the many verdicts and settlements that Mr. Atkerson has secured during his legal career.
- $86,000 – Retaliation/termination of an employee for making workplace safety complaints
- $75,000 – Wrongful termination of an employee with Parkinson’s disease
- $67,000 – Termination of an older employee while they were on FMLA leave
- $60,000 – Termination of an employee with cancer who requested to work from home
- $56,000 – Wrongful termination of a property manager with arthritis
- $35,000 – FMLA and ADA violations against a manager at a Texas workplace
Get Dan A. Atkerson on Your Side Set Up a Consultation with a Leading North Texas Employment Law Attorney
Have you experienced workplace discrimination or harassment over your disability at a Dallas-based company? Attorney Dan A. Atkerson is ready to listen to you. He can hold your co-workers, supervisors, or company executives accountable for the hostile culture and environment they created.
Get the legal help you need sooner rather than later. To set up a case review, contact our law office in Allen, TX.
(214) 383-3606
A Client Shares His Experience Disability Discrimination Attorney Dan A. Atkerson Is an Ally to All Dallas Workers
"The wealth of knowledge and value that Dan brings to challenging and complex employment issues is great. He is very personable, patient, assertive, and results driven. I highly recommend him!!" John Barba
What Are Reasonable Accommodations?
A reasonable accommodation is a change to the work environment or company policies that allow an employee to perform all necessary functions of their job. For workers with a disability, reasonable accommodations help them perform regular duties with fewer difficulties.
These workplace accommodations must be achievable without causing an "undue hardship" to an employer (i.e., requests are within budget and non-disruptive to other employees).
Examples of Reasonable Accommodations
- Making offices and workspaces more accessible to employees who use wheelchairs or walkers
- Providing different desks, monitors, keyboard, or assistive devices to aid with work duties
- Adjusting application or hiring materials to be accessible to people with disabilities
- Modifying work schedules based on a disabled worker's needs (which may include allowing remote work)
- Allowing schedule flexibility or time off for doctor's appointments and medical treatments
- Use of face masks in common spaces to protect immunocompromised workers
- Enabling closed captions during Zoom meetings or video conferences
Discriminatory Hiring
Disabled Texans deserve to have the same opportunities as other qualified job applicants in the Lone Star State. Unfortunately, some companies make it difficult for disabled individuals to apply for a job they're qualified for and can perform. This includes creating obstacles in submitting an application or CV as well as discriminatory practices during the interview process.
If you were denied a job because you have a disability, attorney Dan A. Atkerson can help. He can investigate any acts of discrimination in a company's hiring process, from the language used in job listings to any acts of bigotry or implicit bias during the actual job interview process.
Hostile or Toxic Work Environment
Hostile workplaces make employees feel unwelcome, disrespected, intimidated, and unwilling to speak out. When workers with disabilities face a toxic workplace, this usually takes the form of slurs or name-calling that targets people with disabilities, gossip about a person's condition, and outright bullying.
Companies with a poor work culture may allow this toxic atmosphere to continue despite legitimate complaints to supervisors and HR. These kinds of workplaces can have a negative effect on a person's self-esteem and mental health.
Attorney Dan A. Atkerson can help disabled workers call out toxic and ableist workplaces. Reforms may be possible at a toxic workplace if an employee still wishes to work there. If not, Mr. Atkerson can seek a payout to address the discrimination a disabled worker had to endure.
Wrongful Termination
Disabled workers are legally protected from termination on the basis of their disability status. Yet workers with disabilities may still face unjust layoffs and wrongful termination.
Companies may cite poor performance reviews and other metrics that seem objective, but these serve as a smokescreen for their discrimination against a disabled worker. In some cases, the termination may be a form of retaliation against a Dallas worker for requesting reasonable accommodations for their disability.
Attorney Dan A. Atkerson can help workers assemble a paper trail or correspondence and incident reports to backup claims of disability discrimination and wrongful termination. He can then seek restitution to address lost wages, lost benefits, and other losses related to being terminated.
Did You Experience Disability Discrimination at Work? Contact Texas Employment Lawyer Dan A. Atkerson to Discuss Your Legal Options
Disabled workers do not deserve to be a target for harassment or mistreatment. If you've faced adverse conditions at work or been denied a fair chance at employment, attorney Dan A. Atkerson can help. He can help you seek restitution from Texas companies that are unfair, unethical, and unwilling to make reasonable accommodations. To set up a case evaluation, contact our employment law firm in Allen, TX.
(214) 383-3606
Fighting for Workers Throughout Dallas Disability Discrimination Lawyer Dan A. Atkerson Is Ready to Advocate for You
Courtney Manning
Allen, TX
2024
Dan provided an exceptional experience. His transparency, efficiency, proactiveness, honesty, and extensive knowledge were truly commendable. The professionalism and confidence he exhibited in his work spoke volumes. Dan was dedicated to completing the job, and he delivered. Dan – working with you was a pleasure. If I could, I'd give 10 stars. THANK YOU!
View on GoogleAlex Mazzi
Allen, TX
2024
Dan is definitely one of kind of attorney ! Extremely talented, and absolutely a type of lawyer that you can definitely trust. Thank you Dan for your support even though you already knew that you would not be profiting of my case, you continued providing me guidance , several advices, solutions and definitely eased my mind. Thank you Dan, you were very instrumental on my case!
View on GoogleDisability Discrimination FAQ
Can I be asked about my disability status while applying for a job?
No, employers cannot ask about your disability status during the job interview process. You may be asked about this once a job offer is made, however, so long as that is a requirement of all prospective hires regardless of their disability status.
Do I need to provide medical documentation to my employer when requesting a reasonable accommodation?
In many cases you won't have to, but some employers may ask for a doctor's note or other records to demonstrate the need for an accommodation. If you are not granted a reasonable accommodation after supplying the requested documentation or face continuous hurdles when requesting accommodations at work, you may be the target of disability harassment or discrimination.
I'm being bullied over my disability by a co-worker, but HR has ignored all of my complaints. What should I do?
It's a major source of frustration when HR is not on your side. If your Dallas-Fort Worth company won't take action, you can report what happened to federal and state oversight agencies. We recommend filing a complaint with the EEOC or the Civil Rights Division of the TWC. You can contact our law firm if you need guidance in this process.
Can I request a leave of absence to address health issues related to my disability?
Yes. The Family Medical Leave Act (FMLA) allows workers to take up to 12 weeks of unpaid leave per year for any health or household needs. You do not need to take all 12 weeks at once and can instead use FMLA leave intermittently when needed. If you company denies your use of vacation, sick days, or FMLA leave, it's worth discussing your situation with a disability discrimination lawyer.
Another Client on Their Experience Dallas-Fort Worth Workers Can Trust Employment Lawyer Dan A. Atkerson for Help
"I had nothing but the best experience working with Dan. A top-notch and knowledgeable lawyer, very responsive whenever I have any questions. I would totally recommend Dan for anyone who's looking for an employment attorney." Lin Han
