Minnesota Session Laws - 2001, Regular Session

                            CHAPTER 154-S.F.No. 1721 
                  An act relating to employment; regulating the use of 
                  protected genetic information in employment; providing 
                  penalties; proposing coding for new law in Minnesota 
                  Statutes, chapter 181. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [181.974] [GENETIC TESTING IN EMPLOYMENT.] 
           Subdivision 1.  [DEFINITIONS.] For the purposes of this 
        section, the following terms have the meanings given them in 
        this subdivision. 
           (a) "Genetic test" means a test of a person's genes, gene 
        products, or chromosomes for abnormalities or deficiencies, 
        including carrier status, that are linked to physical or mental 
        disorders or impairments, or that indicate a susceptibility to 
        disease, impairment, or other disorders, whether physical or 
        mental, or that demonstrate genetic or chromosomal damage due to 
        environmental factors. 
           (b) "Employer" means any person having one or more 
        employees in Minnesota, and includes the state and any political 
        subdivisions of the state. 
           (c) "Employee" means a person who performs services for 
        hire in Minnesota for an employer, but does not include 
        independent contractors. 
           (d) "Protected genetic information" means: 
           (1) information about a person's genetic test; or 
           (2) information about a genetic test of a blood relative of 
        a person. 
           Subd. 2.  [USE OF PROTECTED GENETIC INFORMATION 
        PROHIBITED.] (a) No employer or employment agency shall directly 
        or indirectly: 
           (1) administer a genetic test or request, require, or 
        collect protected genetic information regarding a person as a 
        condition of employment; or 
           (2) affect the terms or conditions of employment or 
        terminate the employment of any person based on protected 
        genetic information. 
           (b) No person shall provide or interpret for any employer 
        or employment agency protected genetic information on a current 
        or prospective employee. 
           Subd. 3.  [PENALTIES.] Any person aggrieved by a violation 
        of this section may bring a civil action, in which the court may 
        award: 
           (1) up to three times the actual damages suffered due to 
        the violation; 
           (2) punitive damages; 
           (3) reasonable costs and attorney fees; and 
           (4) injunctive or other equitable relief as the court may 
        deem appropriate. 
           Presented to the governor May 17, 2001 
           Signed by the governor May 21, 2001, 10:56 a.m.