Law / United States / 
Texas
Texas employer prohibition on discrimination based on genetic information or refusal of a genetic test
In force since .
A sensitive categories rule binding public and private bodies.
- Private right of action
- Yes
- Obligation class
- Prohibition
- Audit expectation
- none
As of .
What it requires
- Do not fail or refuse to hire, discharge or otherwise discriminate against an individual with respect to compensation or the terms, conditions or privileges of employment on the basis of genetic information concerning the individual, or because the individual refuses to submit to a genetic test (Tex. Labor Code sec. 21.402(a)).
- Do not limit, segregate or classify an employee or applicant in a way that would deprive or tend to deprive the person of employment opportunities or otherwise adversely affect the person's status on the basis of genetic information or a refusal to submit to a genetic test (Tex. Labor Code sec. 21.402(d)).
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Enforcement body
Texas Workforce Commission, which exercises the powers and duties under Labor Code chapter 21 (Tex. Labor Code sec. 21.0015).
What this law does
An employer commits an unlawful employment practice by failing or refusing to hire, discharging or otherwise discriminating against an individual on the basis of genetic information or because of the individual's refusal to submit to a genetic test, and a labor organization or employment agency commits one by the like conduct.
An employer is a person engaged in an industry affecting commerce with 15 or more employees, an agent of such a person, an individual elected to public office, or a county, municipality, state agency or state instrumentality regardless of the number of individuals employed. A reference in Labor Code chapter 21 to the commission means the Texas Workforce Commission. A person claiming to be aggrieved by an unlawful employment practice or the person's agent may file a complaint with the commission.
Within 60 days after receiving a notice of the right to file a civil action, the complainant may bring a civil action against the respondent. On finding that a respondent engaged in an unlawful employment practice, a court may prohibit the practice by injunction and order additional equitable relief as appropriate.
Compensatory damages for future pecuniary and nonpecuniary losses and punitive damages together may not exceed, for each complainant, $50,000 for a respondent with fewer than 101 employees, up to $300,000 for a respondent with more than 500 employees. Section 21.402 was added by Acts 1997, 75th Legislature, chapter 1215, effective .
When LexLint raises it
When your app profile says your app makes employment decisions.