2001 Minnesota Statutes

     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. 

    HIST: 2001 c 154 s 1