Q: i want to know if I can file a grievance against my last job for not accommodating my disability.
I worked 8 hour shifts with no break. I was a server. I even asked him if I could get purchase a tray jack & was told no. Then I was let go because of my disability even though I was able to do my job as well as the other servers. Do I have grounds to file a grievance or take affirmative action against him?
A: You might have a claim for disability discrimination under the ADA or Texas state law. Disability discrimination occurs when an employer covered by the ADA or under Texas state law, treats a qualified individual with a disability unfavorably because he/she has a disability. The law also requires an employer to provide reasonable accommodation to an employee with a disability, unless doing so would cause an undue hardship. In order to pursue a claim for disability discrimination, you must file a charge of discrimination with the EEOC within 180 days from the day the discrimination took place. You can view the link for more information: https://www.eeoc.gov/employees/charge.cfm. You may also want to hire an attorney to help you during the EEOC process.
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