Texas

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Know the laws in your state that protect LGBT people and people living with HIV.

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Workplace

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Does state law protect employees in the private sector from discrimination on the basis of sexual orientation?

Does state law protect employees in the private sector from discrimination on the basis of gender identity and/or gender expression?

Does state law expressly protect employees of state and local governments from discrimination on the basis of sexual orientation?

Does state law expressly protect employees of state and local governments from discrimination on the basis of gender identity and/or gender expression?

See Tex. Lab. Code § 21.051 (2002) and Tex. Prop. Code § 301.021 et seq. (2002).

All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity. In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression.

The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect LGBT employees. Lambda Legal maintains that the EEOC adjudications regarding Title VII’s coverage should supersede contrary authority that exists in some federal circuits.

HIV & Healthcare

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Does the state explicitly ban transgender exclusions in health insurance?

Does the state have laws that may be used to fight against health care discrimination on the basis of sexual orientation and gender identity?

Does Texas have an HIV criminalization law?

NO, Texas does not have a criminal statute that punishes people with an HIV diagnosis specifically for nondisclosure of HIV status prior to sexual conduct; however, all states have general criminal laws—such as reckless endangerment and assault laws—under which it is possible to prosecute an HIV-positive person for nondisclosure of HIV status prior to sexual conduct.

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Has there been at least one HIV-based criminal prosecution—brought under an HIV-specific criminal law or a general criminal law—in Texas in recent years?

YES, in recent years, there has been at least one criminal prosecution for HIV nondisclosure in Texas. In fact, Texas is considered aggressive in pursuing such prosecutions, because at least 5 such prosecutions have taken place over the last 5 years.

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Does Texas have laws that criminalize or enhance the penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV?

NO, Texas does not have laws that criminalize or enhance penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV, but that does not mean the state could not prosecute a person engaged in such activities under general criminal laws or argue for sentence enhancements based on the person’s HIV diagnosis.

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Does Texas have criminal laws addressing HIV+ sex workers and/or HIV+ patrons of sex workers?

NO, Texas does not have laws that enhance penalties for HIV-positive people involved in commercial sexual transactions, but that does not mean that a prosecutor could not argue for an enhanced sentence in such a situation based on the defendant’s HIV-positive status, if the prosecutor has access to that information, or attempt to bring separate charges under an HIV-specific nondisclosure statute or the general criminal laws.