New State Laws Tackle Genetics-Based Bias

Bans on discrimination based on genetic information topped the legislative agendas in many states in 2001. Here is a look at some states' laws.

Posted: May 28, 2002

Arkansas: The new Genetic Information in the Workplace Act bars employers from obtaining or using genetic test information about employees or job applicants to discriminate against them or restrict any right or benefit. However, the law does not apply to actions taken by insurers or third parties dealing with an insurer in connection with employer-provided life, disability income, or long-term care insurance. The law provides a maximum penalty of $25,000 for violations.

Connecticut: The Human Rights and Opportunities Act, which already bars discrimination in state and private employment, was amended to prohibit discrimination on the basis of mental disability or marital status. Another amendment requires state agencies to comply with any protections afforded by the ADA that go beyond those provided under state law.

Louisiana: Under an amendment to the Louisiana Employment Discrimination Law, employers, employment agencies, labor organizations and joint labor-management training committees may not discriminate on the basis of genetic test information. In addition, labor organizations may not discriminate in membership practices or job referrals on the basis of genetic information. Genetic information may not be disclosed except to the employee, and to occupational or other health researchers, certain government officials, and federal and state courts if subpoenaed. Employees and applicants can be asked or required to furnish genetic information under certain conditions if the information is used to see whether further medical evaluation is needed to diagnose a current condition that might prevent an employee or applicant from performing essential job functions.

Maryland: The state's Fair Employment Practices Act was amended to prohibit employers from firing, discriminating against or refusing to hire applicants or employees based on genetic information or their refusal to provide such information or submit to genetic testing. Certain tests are excluded from the prohibition, including blood and urine analysis, drug testing and HIV tests.

Minnesota: A new law waives the state's sovereign immunity from civil actions by employees for violations of the federal Age Discrimination in Employment Act, Fair Labor Standards Act, Family and Medical Leave Act and the Americans with Disabilities Act. A new law prohibits state and private employers from doing genetic testing or requiring genetic information as a condition of employment, and from discriminating against employees based on their genetic information. Plaintiffs may file private civil actions and recover up to three times actual damages, punitive damages and attorney's fees.

Nebraska: A new law prohibits employment discrimination based on genetic information unrelated to employees' ability to perform job duties. Employers may not force applicants or employees to undergo genetic testing or provide genetic information as a condition of employment or promotion, but employees may voluntarily provide genetic information for employers' use in protecting health or safety. Genetic testing does not include routine physical exams and chemical analysis of bodily fluids, unless conducted specifically to determine genetic mutation.

North Carolina: A new law waives sovereign immunity under the ADA, Fair Labor Standards Act, Age Discrimination in Employment Act, and Family Medical Leave Act, allowing state employees to file lawsuits in state or federal court under these laws. Claims under these laws also may be raised as formal grievances under the state personnel act.

Oregon: The state's genetic nondiscrimination law bars employers from getting hold of genetic information or discriminating against employees or applicants on the basis of genetic information. The law was amended to permit civil actions for compensatory and punitive damages and to bar employers from getting genetic information from employees' blood relatives.

South Dakota: The state law on obligations between employers and employees has been amended to bar employers from getting genetic information from employees and applicants or using such information to discriminate against them. Exceptions are provided for criminal investigations conducted by law enforcement agencies. Also genetic test results may be used to take disciplinary action against employees. Aggrieved applicants and employees may file a civil lawsuit for damages.

Texas: The family health history of an employee or applicant is now included in the scope of protected genetic information. In addition, the definition of genetic information now includes a scientific or medical determination of the presence of a genetic characteristic believed to mean that someone will develop a disorder in the future or that signals an increased risk of developing the disorder, regardless of whether of the individual has symptoms.