Sec. 21.128. REASONABLE ACCOMMODATION; GOOD FAITH EFFORT. (a) It is an unlawful employment practice for a respondent covered under this chapter to fail or refuse to make a reasonable workplace accommodation to a known physical or mental limitation of an otherwise qualified individual with a disability who is an employee or applicant for employment, unless the respondent demonstrates that the accommodation would impose an undue hardship on the operation of the business of the respondent.
(b) A showing of undue hardship by the respondent is a defense to a complaint of discrimination made by an otherwise qualified individual with a disability. In considering a complaint based on a disability, the commission shall consider the reasonableness of the cost of any necessary workplace accommodation and the availability of alternatives or other appropriate relief.
(c) In a complaint in which a discriminatory employment practice involves the provision of a reasonable workplace accommodation under this chapter, damages may not be awarded under Subchapter F if the respondent demonstrates good faith efforts, in consultation with the otherwise qualified individual with a disability who has informed the respondent that accommodation is needed, to identify and make a reasonable workplace accommodation that would provide the individual with an equally effective opportunity and would not cause an undue hardship on the operation of the business.
(d) A respondent is not obligated to make a reasonable workplace accommodation to a known physical or mental limitation of an otherwise qualified individual under Subsection (a) if the individual's disability is based solely on being regarded as having an impairment that substantially limits at least one major life activity.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.05(a), eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 337 (H.B. 978), Sec. 5, eff. September 1, 2009.
Notes of Decisions
Cited in
35
cases (
17 in the last 5 years), 1998–2026 · leading case:
Davis v. City of Grapevine, 188 S.W.3d 748 (Tex. App.—Fort Worth 2006).
Davis v. City of Grapevine, 188 S.W.3d 748 (Tex. App.—Fort Worth 2006).
· cites it 4× “” Tex. Lab.Code Ann. § 21.128. Thus, under the ADA and Chapter 21, the employee has the burden to show that the employer failed to implement a reasonable accommodation, and the employer can defend by showing a business necessity or undue burden.”
LeBlanc v. Lamar State Coll., 232 S.W.3d 294 (Tex. App.—Beaumont 2007).
· cites it 2× “Tex. Lab.Code Ann. § 21.128(a) (Vernon 2006) (emphasis added).”
Molina v. DSI Renal, Inc., 840 F. Supp. 2d 984 (W.D. Tex. 2012).
· cites it 2× “Tex. Lab.Code § 21.128(a) . Rodriguez v. ConAgra Grocery Prods.”
Texas Dep't of Transp. v. Albert Lara, Jr., 577 S.W.3d 641 (Tex. App.—Austin 2019).
“The Department responded with a defense of undue hardship, see Tex. Lab. Code § 21.128(b), arguing that it needed someone to perform Lara’s duties and was no longer able to hold the position open pending his return.”
Lamar Univ. v. Joy Del Snook, No. 09-21-00143-CV (Tex. App.—Beaumont Sept. 29, 2022).
· cites it 3× “Tex. Lab. Code Ann. § 21.128 (a). To establish a failure to accommodate claim, a plaintiff must show: (1) she is an individual with a disability; (2) the employer had notice of the disability; (3) with reasonable accommodations she could perform the essential functions of her…”
Tex. Lab. Code § 21.128(a): 15 cases
Molina v. DSI Renal, Inc., 840 F. Supp. 2d 984 (W.D. Tex. 2012).
“Tex. Lab.Code § 21.128(a) . Rodriguez v. ConAgra Grocery Prods.”
Tex. Lab. Code § 21.128(b): 2 cases
Texas Dep't of Transp. v. Albert Lara, Jr., 577 S.W.3d 641 (Tex. App.—Austin 2019).
“The Department responded with a defense of undue hardship, see Tex. Lab. Code § 21.128(b), arguing that it needed someone to perform Lara’s duties and was no longer able to hold the position open pending his return.”
Tex. Lab. Code § 21.128(c): 2 cases
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