HF 1886

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to employment; regulating the use of genetic 
  1.3             testing in employment; providing penalties; proposing 
  1.4             coding for new law in Minnesota Statutes, chapter 181. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [181.974] [GENETIC TESTING IN EMPLOYMENT.] 
  1.7      Subdivision 1.  [DEFINITIONS.] For the purposes of this 
  1.8   section, the following terms have the meanings given them in 
  1.9   this subdivision. 
  1.10     (a) "Genetic testing" means a test of a person's genes, 
  1.11  gene products, or chromosomes for abnormalities or deficiencies, 
  1.12  including carrier status, that are linked to physical or mental 
  1.13  disorders or impairments, or that indicate a susceptibility to 
  1.14  disease, impairment, or other disorders, whether physical or 
  1.15  mental, or that demonstrate genetic or chromosomal damage due to 
  1.16  environmental factors. 
  1.17     (b) "Employer" means any person having one or more 
  1.18  employees in Minnesota, and includes the state and any political 
  1.19  subdivisions of the state. 
  1.20     (c) "Employee" means a person who performs services for 
  1.21  hire in Minnesota for an employer, but does not include 
  1.22  independent contractors. 
  1.23     Subd. 2.  [GENETIC TESTING PROHIBITED.] (a) No employer or 
  1.24  employment agency shall directly or indirectly: 
  1.25     (1) request, require, or administer a genetic test to any 
  2.1   person as a condition of employment; or 
  2.2      (2) affect the terms or conditions of employment or 
  2.3   terminate the employment of any person based on the results of 
  2.4   any genetic test. 
  2.5      (b) No person shall sell to or interpret for any employer 
  2.6   or employment agency a genetic test on a current or prospective 
  2.7   employee. 
  2.8      Subd. 3.  [PENALTIES.] (a) Any person aggrieved by a 
  2.9   violation of this section may bring a civil action, in which the 
  2.10  court may award: 
  2.11     (1) up to three times the actual damages suffered due to 
  2.12  the violation; 
  2.13     (2) punitive damages; 
  2.14     (3) reasonable costs and attorney fees; and 
  2.15     (4) injunctive or other equitable relief as the court may 
  2.16  deem appropriate. 
  2.17     (b) Any person who violates this section is guilty of a 
  2.18  gross misdemeanor and may be punished by a fine of not more than 
  2.19  $3,000 or by imprisonment for up to one year, or both.