§ 11-5-403. Prohibition of employer’s use of genetic test or information
(a) An employer shall not seek to obtain or use a genetic test or genetic information of the employee or the prospective employee for the purposes of distinguishing between or discriminating against or restricting any right or benefit otherwise due or available to an employee or prospective employee. (b) An employer shall not require a […]
§ 11-5-404. Penalty for violation of § 11-5-403
Any employer who violates the prohibitions of § 11-5-403 shall be guilty of a misdemeanor and may be punished by a fine of not more than twenty-five thousand dollars ($25,000) or by imprisonment in the county jail for not more than one (1) year, or by both fine and imprisonment.
§ 11-5-405. Exclusion for insurers
Notwithstanding any language in this subchapter to the contrary, this subchapter 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 […]
§ 11-5-501. Microchip implantation of employees — Definitions
(a) As used in this section: (1) “Employee” means a person who: (A) Is employed by an employer; or (B) Contracts to perform certain work away from an employer’s premises, uses his or her own methods to accomplish the work, and is subject to the control of the employer only as to the results of […]
§ 11-5-109. Order to correct conditions — Conclusiveness — Action to set aside
(a) The findings and orders shall be prima facie valid, reasonable, and just and shall be conclusive unless attacked and set aside in the manner provided in subsections (b) and (c) of this section. (b) (1) The owner or owners, manager, superintendent, or other person in control or management of any place or establishment covered […]
§ 11-5-401. Title
This subchapter shall be known and may be cited as the “Genetic Information in the Workplace Act”.
§ 11-5-110. Order to correct conditions — Penalties for noncompliance
(a) Upon the failure or refusal of the owner, manager, superintendent, or other person in control or management of a place or establishment, to comply with an order issued pursuant to § 11-5-108 within the time therein specified, unless it has been attacked and suspended or set aside as provided for in § 11-5-109, the […]
§ 11-5-402. Definitions
As used in this subchapter, unless the context otherwise requires: (1) “DNA” means deoxyribonucleic acid; (2) “Employer” means employer as the term is defined in Section 3(d) of the Fair Labor Standards Act of 1938; (3) (A) “Genetic information” means information derived from the results of a genetic test. (B) “Genetic information” shall not include: […]
§ 11-5-111. Penalty for violation of §§ 11-5-101 — 11-5-110
(a) Any employer violating the provisions of §§ 11-5-101 — 11-5-110 shall be deemed guilty of a misdemeanor. (b) (1) Upon conviction, the employer shall be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100). (2) Each day’s violation shall constitute a separate offense and shall be punished as such.
§ 11-5-112. Separate facilities for males and females required
(a) There shall be provided in every factory, manufacturing establishment, workshop, or other place where six (6) or more males and females are employed separate toilets and washrooms for males and females. (b) (1) The Director of the Division of Labor shall enforce the provisions of this section and shall give notice in writing to […]