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| Public Act 100-0396 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Genetic Information Privacy Act is amended | ||||
by changing Section 25 as follows:
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(410 ILCS 513/25)
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Sec. 25. Use of genetic testing information by employers.
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(a) An employer, employment agency, labor organization, | ||||
and licensing agency shall treat genetic testing and genetic | ||||
information in such a manner
that is consistent with the | ||||
requirements of federal law, including but not
limited to the | ||||
Genetic Information Nondiscrimination Act of 2008, the | ||||
Americans with Disabilities Act, Title VII of the Civil Rights | ||||
Act of 1964, the Family and Medical Leave Act of 1993, the | ||||
Occupational Safety and Health Act of 1970, the Federal Mine | ||||
Safety and Health Act of 1977, or the Atomic Energy Act of | ||||
1954.
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(b) An employer may release genetic testing information | ||||
only in accordance
with this Act.
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(c) An employer, employment agency, labor organization, | ||||
and licensing agency shall not directly or indirectly do any of | ||||
the following: | ||||
(1) solicit, request, require or purchase genetic | ||||
testing or genetic information of a person or a family | ||
member of the person, or administer a genetic test to a | ||
person or a family member of the person as a condition of | ||
employment, preemployment application, labor organization | ||
membership, or licensure; | ||
(2) affect the terms, conditions, or privileges of | ||
employment, preemployment application, labor organization | ||
membership, or licensure, or terminate the employment, | ||
labor organization membership, or licensure of any person | ||
because of genetic testing or genetic information with | ||
respect to the employee or family member, or information | ||
about a request for or the receipt of genetic testing by | ||
such employee or family member of such employee; | ||
(3) limit, segregate, or classify employees in any way | ||
that would deprive or tend to deprive any employee of | ||
employment opportunities or otherwise adversely affect the | ||
status of the employee as an employee because of genetic | ||
testing or genetic information with respect to the employee | ||
or a family member, or information about a request for or | ||
the receipt of genetic testing or genetic information by | ||
such employee or family member of such employee; and | ||
(4) retaliate through discharge or in any other manner | ||
against any person alleging a violation of this Act or | ||
participating in any manner in a proceeding under this Act. | ||
(d) An agreement between a person and an employer,
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prospective employer, employment agency, labor organization,
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or licensing agency, or its employees, agents, or members
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offering the person employment, labor organization membership,
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licensure, or any pay or benefit in return for taking a genetic
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test is prohibited. | ||
(e) An employer shall not use genetic information or
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genetic testing in furtherance of a workplace wellness program
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benefiting employees unless (1) health or genetic services are | ||
offered by the employer, (2) the employee provides written | ||
authorization in accordance with Section 30 of this Act, (3) | ||
only the employee or family member if the family member is | ||
receiving genetic services and the licensed health care | ||
professional or licensed genetic counselor involved in | ||
providing such services receive individually identifiable | ||
information concerning the results of such services, and (4) | ||
any individually identifiable information is only available | ||
for purposes of such services and shall not be disclosed to the | ||
employer except in aggregate terms that do not disclose the | ||
identity of specific employees. An employer shall not penalize | ||
an employee who does not disclose his or her genetic | ||
information or does not choose to participate in a program | ||
requiring disclosure of the employee's genetic information. | ||
(f) Nothing in this Act shall be construed to prohibit | ||
genetic testing of an employee who requests a genetic test and
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who provides written authorization, in accordance with
Section | ||
30 of this Act, from taking a genetic test for the
purpose of | ||
initiating a workers' compensation
claim under the Workers' | ||
Compensation Act. | ||
(g) A purchase of commercially and publicly available
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documents, including newspapers, magazines, periodicals, and
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books but not including medical databases or court records or
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inadvertently requesting family medical history by an
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employer, employment agency, labor organization, and licensing
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agency does not violate this Act. | ||
(h) Nothing in this Act shall be construed to prohibit an | ||
employer that conducts DNA analysis for law enforcement | ||
purposes as a forensic laboratory and that includes such | ||
analysis in the Combined DNA Index System pursuant to the | ||
federal Violent Crime Control and Law Enforcement Act of 1994 | ||
from requesting or requiring genetic testing or genetic | ||
information of such employer's employees, but only to the | ||
extent that such genetic testing or genetic information is used | ||
for analysis of DNA identification markers for quality control | ||
to detect sample contamination. | ||
(i) Nothing in this Act shall be construed to prohibit an | ||
employer from requesting or requiring genetic information to be | ||
used for genetic monitoring of the biological effects of toxic | ||
substances in the workplace, but only if (1) the employer | ||
provides written notice of the genetic monitoring to the | ||
employee; (2) the employee provides written authorization | ||
under Section 30 of this Act or the genetic monitoring is | ||
required by federal or State law; (3) the employee is informed | ||
of individual monitoring results; (4) the monitoring is in | ||
compliance with any federal genetic monitoring regulations or | ||
State genetic monitoring regulations under the authority of the | ||
federal Occupational Safety and Health Act of 1970; and (5) the | ||
employer, excluding any health care provider, health care | ||
professional, or health facility that is involved in the | ||
genetic monitoring program, receives the results of the | ||
monitoring only in aggregate terms that do not disclose the | ||
identity of specific employees. | ||
(j) Despite lawful acquisition of genetic testing or | ||
genetic information under subsections (e) through (i) of this | ||
Section, an employer, employment agency, labor organization, | ||
and licensing agency still may not use or disclose the genetic | ||
test or genetic information in violation of this Act. | ||
(k) Except as provided in subsections (e), (f), (h), and | ||
(i) of this Section, a person shall not knowingly sell to or | ||
interpret for an employer, employment agency, labor | ||
organization, or licensing agency, or its employees, agents, or | ||
members, a genetic test of an employee, labor organization | ||
member, or license holder, or of a prospective employee, | ||
member, or license holder. | ||
(Source: P.A. 98-1046, eff. 1-1-15.)
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