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ARTICLE · 26 JULY 2021

Texas Supreme Court Rules Request For Disability Accommodation Does Not Support Retaliation Claim Under State Law

Ogletree, Deakins, Nash, Smoak & Stewart
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Texas courts generally look to federal courts' interpretation of federal anti-discrimination laws to assist in interpreting the anti-discrimination provisions of the Texas Commission on Human Rights Act (TCHRA).

United StatesEmployment and HR
Lawrence Smith
Lawrence Smith
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Texas courts generally look to federal courts' interpretation of federal anti-discrimination laws to assist in interpreting the anti-discrimination provisions of the Texas Commission on Human Rights Act (TCHRA). However, the provisions of the TCHRA do not always exactly mirror the language of parallel federal anti-discrimination laws. The Texas Supreme Court recently examined such differences in interpreting the scope of the anti-retaliation provisions of the TCHRA.

In Texas Department of Transportation v. Lara, the Texas Supreme Court examined whether a request for a reasonable accommodation constituted opposition to a discriminatory practice so as to invoke the protections of the anti-retaliation provisions of the TCHRA. Albert Lara, Jr. was a long-term employee of the Texas Department of Transportation (TXDOT). In the spring of 2015, Lara underwent intestinal surgery. Following his release from the hospital, TXDOT approved Lara's request for unpaid leave under

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