employee's rights lawyer New Mexico

You Don’t Need ‘Magic Words’ To Ask For An Accommodation

Case: Harmon V. Texas Southern University, 672 S.W.3d 684 (Tex. App.—Houston [14th Dist.] 2023)

If you have been wrongfully terminated or have other employer related issues, the dedicated New Mexico employee’s rights lawyer team at Davie & Valdez P.C. is available to discuss your situation.

The Short Story

During a health flare-up that required working from home, an employee missed an in‑person meeting and was fired. She hadn’t used the word “accommodation” or followed the employer’s formal request process.

What The Court Decided

The court held that an employee isn’t required to propose the exact solution or say “accommodation.” Once the need is communicated, the employer must engage in the interactive process. Company policies can’t erase ADA/Chapter 21 rights.

What This Means For Texas Employees

Tell your employer—clearly and promptly—how your condition affects your work and what might help. If they ignore you because you didn’t use a particular form, that may still be unlawful.

Roger Davie of Davie & Valdez P.C. is Board Certified in Employment Law by the Texas Board of Legal Specialization. Only 653 out of ~91,000 Texas lawyers are Board Certified in Employment Law. If you are having issues with your employer, reach out to us today for a free consultation.

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