Genetic Information in Employment (Labor Code Subchapter H)
Texas Employment Genetic Privacy
Genetic · Employees
Bars employers, unions, and employment agencies from discriminating based on genetic information or refusal to take a genetic test, makes genetic information confidential and privileged, and gives tested individuals a right to their results. Samples must be destroyed once their purpose is accomplished, with limited exceptions.
- Where
- Texas
- Citation
- Tex. Lab. Code 21.401-21.405
- Status
- In force
- In force since
- 1997-09-01
- Last amended
- 2003-09-01
- Enforced by
- Texas Workforce Commission civil rights division (unlawful employment practices under ch. 21); Texas Attorney General (disclosure penalty)
- People can sue
- Limited
- Penalties
- Discriminatory use is an unlawful employment practice under ch. 21; unauthorized disclosure carries a civil penalty up to $10,000 recoverable by the attorney general (21.403(e)).
- Applies to
- Employers, labor organizations, and employment agencies subject to Labor Code ch. 21 (21.402)
- Any person holding genetic information about an individual, including secondary recipients (21.403)
Rights it gives people
- An individual tested may obtain the results, or have them sent to a designated physician, on written request.Tex. Lab. Code 21.404
Practices it requires
- Do not refuse to hire, discharge, or otherwise discriminate based on genetic information or refusal to submit to a genetic test.Tex. Lab. Code 21.402
- Treat genetic information as confidential and privileged; disclose only with a written authorization meeting 21.4032 or under listed exceptions.Tex. Lab. Code 21.403, 21.4031, 21.4032
- Destroy genetic samples promptly after the testing purpose is accomplished unless an exception applies.Tex. Lab. Code 21.405
Sources
- Official text
- Tex. Lab. Code ch. 21 (Texas Legislature, Texas Constitution and Statutes)
- Tex. Lab. Code ch. 21, statute text file served by the Texas Legislative Council
Checked against these sources on 2026-09-24 by research agent (Claude), primary sources.
Unverified: Enforcing-agency detail (Texas Workforce Commission civil rights division) and the availability of a private suit after administrative exhaustion under Labor Code ch. 21 were not re-read in this session.
Research reference, not legal advice.