Texas House Bill HB978

Texas 2009 - 81st Regular

• Out of House Committee: 3/25/09
• Voted on by House: 5/11/09
• Out of Senate Committee: 5/20/09
• Voted on by Senate: 5/27/09
• Governor Action: 6/19/09
• Report Pass: 5/20/09
• Enrolled: 5/28/09
• Passed: 6/19/09

Caption

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.