Unlawful employment practices: Requiring or encouraging current or prospective employees and members of labor organizations to submit to genetic test; denying or altering employment or membership in labor organization based on genetic information.
1. It is an unlawful employment practice for an employer, a labor organization or an employment agency:
(a) To ask or encourage a prospective or current employee or member of the labor organization to submit to a genetic test.
(b) To require or administer a genetic test to a person as a condition of employment or membership in the labor organization.
(c) To deny employment or membership in the labor organization based on genetic information.
(d) To alter the terms, conditions or privileges of employment or membership in the labor organization based on genetic information.
(e) To terminate employment or membership in the labor organization based on genetic information.
2. As used in this section:
(a) “Genetic information” means information that is obtained from a genetic test.
(b) “Genetic test” means a test that uses deoxyribonucleic acid extracted from the cells of a person, or a diagnostic test that uses another substance extracted or otherwise obtained from the body of a person, which determines the presence of an abnormality or deficiency that:
(1) Is linked to a physical or mental disorder or impairment; or
(2) Indicates a susceptibility to an illness, a disease, an impairment or another physical or mental disorder.
ĘThe term does not include a test to determine the presence of alcohol or a controlled substance in the system of the person tested.
Last modified: February 25, 2006