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2002 SESSION

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SB 102 Genetic testing or characteristics; bans employment discrimination.

Introduced by: Janet D. Howell | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Discrimination on the basis of genetic information. Prohibits employers from (i) requiring a genetic test as a condition of employment and (ii) refusing to hire, failing to promote, discharging or otherwise adversely affecting any term or condition of employment, other than a long-term care, life or disability insurance policy, an employee or prospective employee solely on the basis of the results of a genetic characteristic or genetic test. Violators are subject to actual or punitive damages, including back pay with interest, or injunctive relief. This is identical to HB 1307.

SUMMARY AS PASSED SENATE:

Employment; discrimination on the basis of genetic testing. Prohibits employers from (i) soliciting or requiring a genetic test, and (ii) making an adverse employment decision affecting a current or prospective employee solely on the basis of the results of a genetic test. “Genetic test” is defined as a test for determining the presence or absence of genetic characteristics in an individual in order to diagnose a genetic characteristic. The bill creates a private cause of action for an aggrieved individual, and the court may award actual and punitive damages and injunctive relief.

SUMMARY AS INTRODUCED:

Employment; discrimination on the basis of genetic testing. Prohibits employers from (i) soliciting or requiring a genetic test, and (ii) making an adverse employment decision affecting a current or prospective employee solely on the basis of the results of a genetic test. “Genetic test” is defined as a test for determining the presence or absence of genetic characteristics in an individual in order to diagnose a genetic characteristic. The bill creates a private cause of action for an aggrieved individual, and the court may award actual and punitive damages, injunctive relief, and attorney’s fees.