Get to stepping (TX law and wrongful termination for way he walks)

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oncall

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My jurisdiction is: Texas, USA

My boyfriend has worked for the same company for just over a year. We were in another department together in a separate building. We work at a call center and our previous client paid for usage of an extra building the center had rented space for. That client recently pulled their business, so we were then moved to the main building where the majority of the various client department calls are handled.

When we were at the other building, my boyfriend always walked the same way. Due to an accident when he was little (he was born in another country, so no medical records exist) when he walks, he drags his feet. He's walked this way since he was little. We have carpeted floors and it's not a distraction. His previous managers never had a problem with his issue because they understood it's how he walks, nothing else. Again, he's been with the same company for just over a year, no problem.

We're currently still in training for our new departments, and a manager in this other building who is not familiar with the transfers actually became very belligerent with him when he was walking by her desk, stating that he was disrupting the floor and causing a disturbance by how he walked. He was told if he did not change how he walked, he would be written up for it as a written warning (I believe company policy is two-three writtens then termination). His trainer even pulled him aside and told him he would have to change how he walks, otherwise he will receive this write up. The incident happened today and every time my boyfriend has had to pass by this manager's desk, she has become very loud and angry with him, even going so far as to say "HE** NO!" despite the fact that she had thirty-forty reps surrounding her taking calls and there is a very strict policy that prohibits profanity in the building, most especially the production floor.

I know Texas is a Right To Hire state, but if they actually fire him for a physical condition that is beyond his ability to alter, would he still be able to take the company to court? Is there anyone he can file a complaint with as well for actually writing him up for this? Any advice as well on how unprofessionally he was treated by the manager involved would also be appreciated so we know how to proceed.
 
I would have him discuss this with an employment law attorney.
 
I agree he needs to talk to an employment law attorney and possibly file a complaint with the EEOC. What he has is probably considered a disability and his employer is harrassing him over something that has no bearing on his job performance. Also has he talked to HR? This manager that is harrasing him is probably breaking the law and she is putting the company at a huge liability.
 
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