SF 1721

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