Legal Question in Disability Law in Texas
Pre-employment testing
My husband recently took a pre-employment test. The test comprised three parts, one of which was dexterity. He was told to call back in three to five days and he would be told if he passed. When he called he was told he did not pass, but was not told which part he failed. He has a doctor certified use limitation disability (also certified with the State of Texas) in his right arm and hand. Could this test be considered discriminatory, as everyone that is given employment must pass this test? At no time was he given the chance to inform the company of the situation. What can he do?
1 Answer from Attorneys
Pre-employment testing
He needs to contact an attorney who handles ADA claims (Americans with Disabilities Act).It sounds as if there is a violation of the Act.The Act requires that employers provide "reasonable accommodation" to disable employees AND prospective employees.The Act specifically prohibits discriminating in hiring based on a disability... which is what it sounds as if was happening.Talk with an attorney there. Under the Act, if you win, the defendant will have to pay your attorney's fees.
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