Relating to the employment rights of certain individuals with disabilities.
Impact
The implications of HB 978 are significant for both employees with disabilities and employers in Texas. By broadening the scope of what constitutes a disability, the bill increases protections for employees, allowing more individuals to seek redress against unlawful employment practices. For employers, this legislation necessitates a closer scrutiny of their hiring practices and may impose additional responsibilities to provide reasonable accommodations, thereby fostering a more inclusive environment. However, this could also lead to increased operational costs and potential legal challenges if not navigated carefully.
Summary
House Bill 978 focuses on enhancing the employment rights of individuals with disabilities by amending various sections of the Labor Code. The bill aims to construct definitions related to disability, ensuring broad coverage for individuals under Texas laws. It emphasizes that any assessment of whether an impairment limits a major life activity must disregard any mitigating measures, thus supporting those whose conditions may be episodic or in remission. This approach seeks to protect individuals from discrimination in employment practices and promote inclusivity in the workplace.
Contention
While the bill is generally well-received for its intention to support disabled individuals, there are concerns regarding the balance between employee rights and operational feasibility for businesses. Some stakeholders argue that the stipulations regarding business necessity and accommodations may put undue strain on companies, particularly smaller ones, that may struggle to accommodate various disabilities. Furthermore, there is ongoing debate about the implications of the 'regarded as' provisions, which could lead to broader interpretations of what constitutes discrimination, potentially increasing litigation around employment practices.
Relating to the terminology used to refer to certain disabilities and to an individualized education team for purposes of determining a student's eligibility for special education services and providing those services in public schools.
Relating to dyslexia evaluations and services for public school students, the provision of services for students with dyslexia and related disorders, and certain parental notice regarding the rights of parents of public school students with disabilities.