Full Text of SB0318 100th General Assembly
SB0318enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Genetic Information Privacy Act is amended | 5 | | by changing Section 25 as follows:
| 6 | | (410 ILCS 513/25)
| 7 | | Sec. 25. Use of genetic testing information by employers.
| 8 | | (a) An employer, employment agency, labor organization, | 9 | | and licensing agency shall treat genetic testing and genetic | 10 | | information in such a manner
that is consistent with the | 11 | | requirements of federal law, including but not
limited to the | 12 | | Genetic Information Nondiscrimination Act of 2008, the | 13 | | Americans with Disabilities Act, Title VII of the Civil Rights | 14 | | Act of 1964, the Family and Medical Leave Act of 1993, the | 15 | | Occupational Safety and Health Act of 1970, the Federal Mine | 16 | | Safety and Health Act of 1977, or the Atomic Energy Act of | 17 | | 1954.
| 18 | | (b) An employer may release genetic testing information | 19 | | only in accordance
with this Act.
| 20 | | (c) An employer, employment agency, labor organization, | 21 | | and licensing agency shall not directly or indirectly do any of | 22 | | the following: | 23 | | (1) solicit, request, require or purchase genetic |
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| 1 | | testing or genetic information of a person or a family | 2 | | member of the person, or administer a genetic test to a | 3 | | person or a family member of the person as a condition of | 4 | | employment, preemployment application, labor organization | 5 | | membership, or licensure; | 6 | | (2) affect the terms, conditions, or privileges of | 7 | | employment, preemployment application, labor organization | 8 | | membership, or licensure, or terminate the employment, | 9 | | labor organization membership, or licensure of any person | 10 | | because of genetic testing or genetic information with | 11 | | respect to the employee or family member, or information | 12 | | about a request for or the receipt of genetic testing by | 13 | | such employee or family member of such employee; | 14 | | (3) limit, segregate, or classify employees in any way | 15 | | that would deprive or tend to deprive any employee of | 16 | | employment opportunities or otherwise adversely affect the | 17 | | status of the employee as an employee because of genetic | 18 | | testing or genetic information with respect to the employee | 19 | | or a family member, or information about a request for or | 20 | | the receipt of genetic testing or genetic information by | 21 | | such employee or family member of such employee; and | 22 | | (4) retaliate through discharge or in any other manner | 23 | | against any person alleging a violation of this Act or | 24 | | participating in any manner in a proceeding under this Act. | 25 | | (d) An agreement between a person and an employer,
| 26 | | prospective employer, employment agency, labor organization,
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| 1 | | or licensing agency, or its employees, agents, or members
| 2 | | offering the person employment, labor organization membership,
| 3 | | licensure, or any pay or benefit in return for taking a genetic
| 4 | | test is prohibited. | 5 | | (e) An employer shall not use genetic information or
| 6 | | genetic testing in furtherance of a workplace wellness program
| 7 | | benefiting employees unless (1) health or genetic services are | 8 | | offered by the employer, (2) the employee provides written | 9 | | authorization in accordance with Section 30 of this Act, (3) | 10 | | only the employee or family member if the family member is | 11 | | receiving genetic services and the licensed health care | 12 | | professional or licensed genetic counselor involved in | 13 | | providing such services receive individually identifiable | 14 | | information concerning the results of such services, and (4) | 15 | | any individually identifiable information is only available | 16 | | for purposes of such services and shall not be disclosed to the | 17 | | employer except in aggregate terms that do not disclose the | 18 | | identity of specific employees. An employer shall not penalize | 19 | | an employee who does not disclose his or her genetic | 20 | | information or does not choose to participate in a program | 21 | | requiring disclosure of the employee's genetic information. | 22 | | (f) Nothing in this Act shall be construed to prohibit | 23 | | genetic testing of an employee who requests a genetic test and
| 24 | | who provides written authorization, in accordance with
Section | 25 | | 30 of this Act, from taking a genetic test for the
purpose of | 26 | | initiating a workers' compensation
claim under the Workers' |
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| 1 | | Compensation Act. | 2 | | (g) A purchase of commercially and publicly available
| 3 | | documents, including newspapers, magazines, periodicals, and
| 4 | | books but not including medical databases or court records or
| 5 | | inadvertently requesting family medical history by an
| 6 | | employer, employment agency, labor organization, and licensing
| 7 | | agency does not violate this Act. | 8 | | (h) Nothing in this Act shall be construed to prohibit an | 9 | | employer that conducts DNA analysis for law enforcement | 10 | | purposes as a forensic laboratory and that includes such | 11 | | analysis in the Combined DNA Index System pursuant to the | 12 | | federal Violent Crime Control and Law Enforcement Act of 1994 | 13 | | from requesting or requiring genetic testing or genetic | 14 | | information of such employer's employees, but only to the | 15 | | extent that such genetic testing or genetic information is used | 16 | | for analysis of DNA identification markers for quality control | 17 | | to detect sample contamination. | 18 | | (i) Nothing in this Act shall be construed to prohibit an | 19 | | employer from requesting or requiring genetic information to be | 20 | | used for genetic monitoring of the biological effects of toxic | 21 | | substances in the workplace, but only if (1) the employer | 22 | | provides written notice of the genetic monitoring to the | 23 | | employee; (2) the employee provides written authorization | 24 | | under Section 30 of this Act or the genetic monitoring is | 25 | | required by federal or State law; (3) the employee is informed | 26 | | of individual monitoring results; (4) the monitoring is in |
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| 1 | | compliance with any federal genetic monitoring regulations or | 2 | | State genetic monitoring regulations under the authority of the | 3 | | federal Occupational Safety and Health Act of 1970; and (5) the | 4 | | employer, excluding any health care provider, health care | 5 | | professional, or health facility that is involved in the | 6 | | genetic monitoring program, receives the results of the | 7 | | monitoring only in aggregate terms that do not disclose the | 8 | | identity of specific employees. | 9 | | (j) Despite lawful acquisition of genetic testing or | 10 | | genetic information under subsections (e) through (i) of this | 11 | | Section, an employer, employment agency, labor organization, | 12 | | and licensing agency still may not use or disclose the genetic | 13 | | test or genetic information in violation of this Act. | 14 | | (k) Except as provided in subsections (e), (f), (h), and | 15 | | (i) of this Section, a person shall not knowingly sell to or | 16 | | interpret for an employer, employment agency, labor | 17 | | organization, or licensing agency, or its employees, agents, or | 18 | | members, a genetic test of an employee, labor organization | 19 | | member, or license holder, or of a prospective employee, | 20 | | member, or license holder. | 21 | | (Source: P.A. 98-1046, eff. 1-1-15 .)
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