Tex. Codes » Labor Code · TITLE 2. PROTECTION OF LABORERS · SUBTITLE A. EMPLOYMENT DISCRIMINATION · CHAPTER 21. EMPLOYMENT DISCRIMINATION
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Tex. Lab. Code § 21.0021 (2026)

Construction Of Certain Definitions

✓ current as of May 2026
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Sec. 21.0021. CONSTRUCTION OF CERTAIN DEFINITIONS. (a) The term "disability":

(1) shall be construed in favor of broad coverage of individuals under Subchapters B and C, to the maximum extent allowed under those subchapters; and

(2) includes an impairment that is episodic or in remission that substantially limits a major life activity when active.

(b) The determination of whether an impairment substantially limits a major life activity must be made without regard to the ameliorative effects of mitigating measures, including:

(1) medication, medical supplies, medical equipment, medical appliances, prosthetic limbs and devices, hearing aids, cochlear implants and other implantable hearing devices, mobility devices, and oxygen therapy equipment;

(2) devices that magnify, enhance, or otherwise augment a visual image, other than eyeglasses and contact lenses that are intended to fully correct visual acuity or eliminate refractive error;

(3) the use of assistive technology;

(4) reasonable accommodations and auxiliary aids or services; and

(5) learned behavioral or adaptive neurological modifications.

Added by Acts 2009, 81st Leg., R.S., Ch. 337 (H.B. 978), Sec. 2, eff. September 1, 2009.

Notes of Decisions
Cited in 10 cases (7 in the last 5 years), 2012–2026 · leading case: Molina v. DSI Renal, Inc., 840 F. Supp. 2d 984 (W.D. Tex. 2012).
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Molina v. DSI Renal, Inc., 840 F. Supp. 2d 984 (W.D. Tex. 2012). · cites it 3× “” Tex. Lab.Code § 21.0021(a). . Def.’s App.”
Texas Dep't of Crim. Just. v. Bibiana Flores, 555 S.W.3d 656 (Tex. App. 2018). “at § 2 (codified at TEX.LABOR CODE ANN. § 21.0021(b)). As with the federal amendments under the ADAAA, the Legislature added a statement that the term disability shall be construed broadly in favor of coverage.”
Datar v. Nat'l Oilwell Varco, L.P., 518 S.W.3d 467 (Tex. App. 2017). “It asserted that neither his hypertension nor his lower-back injury substantially limited a major life activity and that Datar was able to perform his work duties throughout his employment at NOV.”
Byron Harper v. PJC Air Conditioning & Plumbing, LLC D/B/A Rabroker Air Conditioning & Plumbing (Tex. App. 2021). · cites it 3× “” Tex. Lab. Code § 21.0021(a)(1); see 42 U.”
Jonathan Johnson v. Capstone Logistics, LLC (Tex. App. 2024). · cites it 3× “”); TEX. LAB. CODE § 21.0021(a)(1) (instructing that the term “disability” “shall be construed in favor of broad coverage.”
Jennifer Nelsen & Terri Steigleder, as Heirs to the Est. of Jon Tillman Milstead v. Denton Cnty., Texas, Denton Cnty. Sheriff's Off., & Tracy Murphree, in His Off. & Individual Capacity (2026). · cites it 2× “TEX. LABOR CODE § 21.0021(a)(1). It is unlawful for an employer subject to the anti-discrimination provisions of the TCHRA “to fail or refuse to make a reasonable workplace accommodation to a known physical or mental limitation of an otherwise qualified” employee with a…”
Texas Health & Human Servs. Comm'n Lufkin State Supported Living Ctr. v. Gerald Willard (Tex. App. 2021). “See TEX. LAB. CODE ANN. § 21.0021(b)(1); Howard, 429 S.”
Dallas Cnty. Hosp. Dist. D/B/A Parkland Health & Hosp. Sys. v. Sheri Kowalski (Tex. App. 2023). “” TEX. LAB. CODE § 21.0021(a)(1). The definition of “regarded as having such an impairment” was also added and makes clear that an impairment is not restricted to one that limits major life activities: “Regarded as having such an impairment” means subjected to an action…”
Texas Tech Univ. Health Sciences Ctr. - El Paso v. Dr. Lindsey Niehay (Tex. 2023). “Lindsey Niehay submitted some evidence that Texas Tech University Health Sciences Center dismissed her from its residency 1 TEX. LAB. CODE § 21.0021(a)(1) (emphases added); see also 42 U.”
El Paso Cnty. Water Improvement Dist. 1 v. Rogelio Trevizo (Tex. App. 2023). “”); TEX. LAB. CODE ANN. § 21.0021(a)(1) (“The term ‘disability’ [] shall be construed in favor of broad coverage of individuals under Subchapters B and C, to the maximum extent allowed under those subchapters[.”
— Tex. Lab. Code § 21.0021(a) — 1 case
Molina v. DSI Renal, Inc., 840 F. Supp. 2d 984 (W.D. Tex. 2012). “” Tex. Lab.Code § 21.0021(a). . Def.’s App.”
— Tex. Lab. Code § 21.0021(a)(1) — 6 cases
Byron Harper v. PJC Air Conditioning & Plumbing, LLC D/B/A Rabroker Air Conditioning & Plumbing (Tex. App. 2021). “” Tex. Lab. Code § 21.0021(a)(1); see 42 U.”
Jonathan Johnson v. Capstone Logistics, LLC (Tex. App. 2024). “”); TEX. LAB. CODE § 21.0021(a)(1) (instructing that the term “disability” “shall be construed in favor of broad coverage.”
Dallas Cnty. Hosp. Dist. D/B/A Parkland Health & Hosp. Sys. v. Sheri Kowalski (Tex. App. 2023). “” TEX. LAB. CODE § 21.0021(a)(1). The definition of “regarded as having such an impairment” was also added and makes clear that an impairment is not restricted to one that limits major life activities: “Regarded as having such an impairment” means subjected to an action…”
Texas Tech Univ. Health Sciences Ctr. - El Paso v. Dr. Lindsey Niehay (Tex. 2023). “Lindsey Niehay submitted some evidence that Texas Tech University Health Sciences Center dismissed her from its residency 1 TEX. LAB. CODE § 21.0021(a)(1) (emphases added); see also 42 U.”
El Paso Cnty. Water Improvement Dist. 1 v. Rogelio Trevizo (Tex. App. 2023). “”); TEX. LAB. CODE ANN. § 21.0021(a)(1) (“The term ‘disability’ [] shall be construed in favor of broad coverage of individuals under Subchapters B and C, to the maximum extent allowed under those subchapters[.”
— Tex. Lab. Code § 21.0021(a)(2) — 1 case
Molina v. DSI Renal, Inc., 840 F. Supp. 2d 984 (W.D. Tex. 2012). “” Tex. Lab.Code § 21.0021(a). . Def.’s App.”
— Tex. Lab. Code § 21.0021(b) — 3 cases
Texas Dep't of Crim. Just. v. Bibiana Flores, 555 S.W.3d 656 (Tex. App. 2018). “at § 2 (codified at TEX.LABOR CODE ANN. § 21.0021(b)). As with the federal amendments under the ADAAA, the Legislature added a statement that the term disability shall be construed broadly in favor of coverage.”
Jonathan Johnson v. Capstone Logistics, LLC (Tex. App. 2024). “”); TEX. LAB. CODE § 21.0021(a)(1) (instructing that the term “disability” “shall be construed in favor of broad coverage.”
Jennifer Nelsen & Terri Steigleder, as Heirs to the Est. of Jon Tillman Milstead v. Denton Cnty., Texas, Denton Cnty. Sheriff's Off., & Tracy Murphree, in His Off. & Individual Capacity (2026). “TEX. LABOR CODE § 21.0021(a)(1). It is unlawful for an employer subject to the anti-discrimination provisions of the TCHRA “to fail or refuse to make a reasonable workplace accommodation to a known physical or mental limitation of an otherwise qualified” employee with a…”
— Tex. Lab. Code § 21.0021(b)(1) — 2 cases
Molina v. DSI Renal, Inc., 840 F. Supp. 2d 984 (W.D. Tex. 2012). “” Tex. Lab.Code § 21.0021(a). . Def.’s App.”
Texas Health & Human Servs. Comm'n Lufkin State Supported Living Ctr. v. Gerald Willard (Tex. App. 2021). “See TEX. LAB. CODE ANN. § 21.0021(b)(1); Howard, 429 S.”
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