§ 11-5-401. Title

This subchapter shall be known and may be cited as the “Genetic Information in the Workplace Act”.

§ 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: […]

§ 11-5-403. 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 […]