Section 103 – Restrictions on employers.

• (1) Except as provided in Subsection (2), an employer may 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 the individual’s blood relative to submit to:
    • (i) a genetic test; or
    • (ii) a genetic procedure; or
  • (d) inquire into or otherwise take into consideration the fact that an individual or the individual’s blood relative has:
    • (i) taken or refused to take a genetic test; or
    • (ii) undergone or refused to undergo a genetic procedure.

• (2)
  • (a) Notwithstanding Subsection (1), 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) 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 (2) may only be entered 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 which 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 (2) 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.

Amended by Chapter 434, 2022 General Session