While it is wrongful under certain state and federal laws to engage in discrimination against a person who is disabled, not every Dallas disability discrimination lawsuit against a disabled person’s employer is well-founded. In some cases, the employer may have a legitimate, non-disability-related reason for the termination (or other adverse employment action). If the employee disagrees, it is up to the court to decide which party has made the more convincing case as to the “real” reason for the firing.
Facts of the Case
In a case recently considered by the Court of Appeals for the Thirteenth District of Texas, the plaintiff was a teacher who was terminated at the end of his first year of teaching. He filed suit against the defendant school district, alleging that it had wrongfully terminated him due to a disability that he suffered after having a stroke about mid-way through the school year. (Previously, the plaintiff had filed a timely charge of discrimination with the Texas Workforce Commission Civil Rights Division, which granted him a right-to-sue letter.)
The defendant filed a plea to the jurisdiction of the trial court, which the trial court denied. The defendant appealed.