Texas employers are not allowed to discriminate against job applicants or employees who are blind or have visual impairments. The Equal Employment Opportunity Commission (EEOC) may bring legal action on behalf of an individual who is treated differently by an employer because that person was blind or visually impaired.
Defining essential duties
An employee must be able to fulfill all of the essential duties tied to a given job opening. These duties may include answering a phone, driving a forklift or assisting customers as they shop in a retail establishment. Assuming that you are able to perform essential functions, you must be considered for the job. If hired, you would likely be entitled to accommodations from your employer.
A reasonable accommodation allows you to do your job without creating an undue hardship for your employer. For instance, you may be given a screen reader that enables you to read instructions or confirm the contents of an order submitted by a customer. You may also be entitled to equipment that helps you navigate a workplace without slipping, tripping or falling on objects you might have difficulty seeing.
Evidence in an employment discrimination case
The outcome of an employment discrimination case will largely depend on the evidence that you present. For instance, an employer may have acted in a discriminatory manner if you can show that another employee could have easily performed portions of your job.
If a company has discriminated against you, you may be entitled to compensation for back pay or the value of lost benefits. You may also be entitled to reinstatement to a previous position if you are improperly terminated.