The Texas Commission on Human Rights Act prohibits employment practices that discriminate on the basis of disability (TX Labor Code Sec. 21.001et seq.). The law covers employers with 15 or more employees for 20 or more weeks on each working day in the current or preceding calendar year.
Amendments to the law in 2009 broadened the definition of disability and added other provisions, making the state law very similar to the amended federal Americans with Disabilities Act (ADA).
The term disability means:
- A physical or mental impairment that substantially limits one or more major life activities,
- A record of such an impairment, or
- Being regarded as having such an impairment.
An individual is regarded as having such an impairment if he or she has been subjected to an unlawful employment action because of an actual or perceived impairment, whether or not the impairment limits or is perceived to limit a major life activity. The law excludes an impairment that is minor and has an actual or expected duration of less than 6 months.
State law mandates that the term "disability" be construed broadly to the maximum extent allowed. The term includes an impairment that is episodic or in remission if the impairment would substantially limit a major life activity when active.
Major life activity. Major life activities include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, working, and the operation of body systems and functions such as the immune system, normal cell growth, and digestive, respiratory, brain, and reproductive functions.
Mitigating measures. When ...