§ 36-3614.2. Genetic nondiscrimination in employment.

A.  This section shall be known and may be cited as the "Genetic Nondiscrimination in Employment Act".

B.  For purposes of the Genetic Nondiscrimination in Employment Act:

1.  "DNA" means deoxyribonucleic acid;

2.  "Employer" means employer as such term is defined in Section 3(d) of the Fair Labor Standards Act of 1938, 29 U.S.C., Section 203(d);

3.  "Genetic information" means information derived from the results of a genetic test.  Genetic information shall not include family history, the results of a routine physical examination or test, the results of a chemical, blood or urine analysis, the results of a test to determine drug use, the results of a test for the presence of the human immunodeficiency virus, or the results of any other test commonly accepted in clinical practice at the time it is ordered by the insurer;

4.  "Genetic test" means a laboratory test of the DNA, RNA, or chromosomes of an individual for the purpose of identifying the presence or absence of inherited alterations in the DNA, RNA, or chromosomes that cause a predisposition for a clinically recognized disease or disorder.  "Genetic test" shall not include:

a.a routine physical examination or a routine test performed as a part of a physical examination,

b.a chemical, blood, or urine analysis,

c.a test to determine drug use,

d.a test for the presence of the human immunodeficiency virus, or

e.any other test commonly accepted in clinical practice at the time it is ordered by the insurer; and

5.  "RNA" means ribonucleic acid.

C.  For purposes of distinguishing between or discriminating against or restricting any right or benefit otherwise due or available to an employee or prospective employee, other than in connection with the determination of insurance coverage or benefits, no employer shall:

1.  Seek to obtain, or use a genetic test or genetic information of the employee or the prospective employee; or

2.  Require a genetic test of or require genetic information from the employee or prospective employee.

D.  Any employer violating the provisions of this section, upon conviction thereof, shall be guilty of a misdemeanor and may be punished by a fine of not more than Twenty-five Thousand Dollars ($25,000.00) or by imprisonment in the county jail for not more than one (1) year, or by both fine and imprisonment.

E.  Notwithstanding any language in this section to the contrary, this section shall not apply to an insurer or to an individual or third-party dealing with an insurer in the ordinary course of underwriting, conducting, or administering the business of life, disability income, or long-term care insurance, including, but not limited to, actions taken by an insurer or to an individual or third-party dealing with an insurer in connection with life, disability income, or long-term care insurance made available by an employer to its employees.

Added by Laws 1998, c. 334, § 2, eff. July 1, 1998.