TITLE 39

HEALTH AND SAFETY

CHAPTER 83

GENETIC TESTING PRIVACY ACT

39-8303.  Restrictions on employers. (1) Except as provided in subsections (2) and (3) of this section, an employer shall not, in connection with a hiring, promotion, retention or other related decision:

(a)  Access or otherwise take into consideration private genetic information about an individual;

(b)  Request or require an individual to consent to a release for the purpose of accessing private genetic information about the individual;

(c)  Request or require an individual or his blood relative to submit to a genetic test; or

(d)  Inquire into the fact that an individual or his blood relative has taken or refused to take a genetic test.

(2)(a)  Notwithstanding the provisions of subsection (1) of this section, an employer may seek an order compelling the disclosure of private genetic information held by an individual or third party pursuant to subsection (2)(b) of this section in connection with:

(i)   An employment-related judicial or administrative proceeding in which the individual has placed his health at issue; or

(ii)  An employment-related decision in which the employer has a reasonable basis to believe that the individual’s health condition poses a real and unjustifiable safety risk requiring the change or denial of an assignment.

(b)(i)  An order compelling the disclosure of private genetic information pursuant to this subsection may be entered only upon a finding that:

(A)  Other ways of obtaining the private information are not available or would not be effective; and

(B)  There is a compelling need for the private genetic information that substantially outweighs the potential harm to the privacy interests of the individual.

(ii)  An order compelling the disclosure of private genetic information pursuant to this subsection shall:

(A)  Limit disclosure to those parts of the record containing information essential to fulfill the objective of the order;

(B)  Limit disclosure to those persons whose need for the information is the basis of the order; and

(C)  Include such other measures as may be necessary to limit disclosure for the protection of the individual.

(3)  An employer who conducts DNA analysis for law enforcement purposes as a forensic laboratory or for the purposes of human remains identification may request or require genetic information of its employees or contractors but only to the extent that such genetic information is used for analysis of DNA identification markers for quality control to detect sample contamination.

History:

[39-8303, added 2006, ch. 293, sec. 1, p. 905; am. 2022, ch. 141, sec. 1, p. 512.]