Legal Question in Insurance Law in Texas

to get coverage on domestic partner had to get out of the union

I'm a union steward and one of my employees was forced to get out of the union in order for her domestic partner to be covered. is it legal for the insurance company to force you out of the union for being homosexual and wanting to cover your partner? Also this is new insurance that started january first, is it legal for the company to bring in an insurance company that has this practice when we are a union plant?


Asked on 2/16/05, 8:50 am

1 Answer from Attorneys
Austin Nimocks Austin R. Nimocks & Associates, P.L.L.C.

Re: to get coverage on domestic partner had to get out of the union

Yes, all of what you described is legal. Homosexuals are not afforded any special legal protections as a class of people. Any person or company can lawfully discriminate against a person who is a homosexual. This is generally because there are no defining physical characteristics that make a person heterosexual or homosexual. In other words, you can't see if a person is a homosexual by performing a blood test or looking at their DNA. The only thing that makes a person a homosexual is that the person says they are a homosexual. On the other hand, race and gender are physically discernable characteristics and, therefore, we do not allow discrimination on that basis. If the union chooses to employ a policy that is not pro-gay, it is their right and the law does not require otherwise.

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Answered on 2/16/05, 11:30 am


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