Full Text of SB0318 100th General Assembly
SB0318sam001 100TH GENERAL ASSEMBLY | Sen. Andy Manar Filed: 4/5/2017
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| 1 | | AMENDMENT TO SENATE BILL 318
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 318 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Genetic Information Privacy Act is amended | 5 | | by changing Section 25 as follows:
| 6 | | (410 ILCS 513/25)
| 7 | | Sec. 25. Use of genetic testing information by employers.
| 8 | | (a) An employer, employment agency, labor organization, | 9 | | and licensing agency shall treat genetic testing and genetic | 10 | | information in such a manner
that is consistent with the | 11 | | requirements of federal law, including but not
limited to the | 12 | | Genetic Information Nondiscrimination Act of 2008, the | 13 | | Americans with Disabilities Act, Title VII of the Civil Rights | 14 | | Act of 1964, the Family and Medical Leave Act of 1993, the | 15 | | Occupational Safety and Health Act of 1970, the Federal Mine | 16 | | Safety and Health Act of 1977, or the Atomic Energy Act of |
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| 1 | | 1954.
| 2 | | (b) An employer may release genetic testing information | 3 | | only in accordance
with this Act.
| 4 | | (c) An employer, employment agency, labor organization, | 5 | | and licensing agency shall not directly or indirectly do any of | 6 | | the following: | 7 | | (1) solicit, request, require or purchase genetic | 8 | | testing or genetic information of a person or a family | 9 | | member of the person, or administer a genetic test to a | 10 | | person or a family member of the person as a condition of | 11 | | employment, preemployment application, labor organization | 12 | | membership, or licensure; | 13 | | (2) affect the terms, conditions, or privileges of | 14 | | employment, preemployment application, labor organization | 15 | | membership, or licensure, or terminate the employment, | 16 | | labor organization membership, or licensure of any person | 17 | | because of genetic testing or genetic information with | 18 | | respect to the employee or family member, or information | 19 | | about a request for or the receipt of genetic testing by | 20 | | such employee or family member of such employee; | 21 | | (3) limit, segregate, or classify employees in any way | 22 | | that would deprive or tend to deprive any employee of | 23 | | employment opportunities or otherwise adversely affect the | 24 | | status of the employee as an employee because of genetic | 25 | | testing or genetic information with respect to the employee | 26 | | or a family member, or information about a request for or |
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| 1 | | the receipt of genetic testing or genetic information by | 2 | | such employee or family member of such employee; and | 3 | | (4) retaliate through discharge or in any other manner | 4 | | against any person alleging a violation of this Act or | 5 | | participating in any manner in a proceeding under this Act. | 6 | | (d) An agreement between a person and an employer,
| 7 | | prospective employer, employment agency, labor organization,
| 8 | | or licensing agency, or its employees, agents, or members
| 9 | | offering the person employment, labor organization membership,
| 10 | | licensure, or any pay or benefit in return for taking a genetic
| 11 | | test is prohibited. | 12 | | (e) An employer shall not use genetic information or
| 13 | | genetic testing in furtherance of a workplace wellness program
| 14 | | benefiting employees unless (1) health or genetic services are | 15 | | offered by the employer, (2) the employee provides written | 16 | | authorization in accordance with Section 30 of this Act, (3) | 17 | | only the employee or family member if the family member is | 18 | | receiving genetic services and the licensed health care | 19 | | professional or licensed genetic counselor involved in | 20 | | providing such services receive individually identifiable | 21 | | information concerning the results of such services, and (4) | 22 | | any individually identifiable information is only available | 23 | | for purposes of such services and shall not be disclosed to the | 24 | | employer except in aggregate terms that do not disclose the | 25 | | identity of specific employees. An employer shall not penalize | 26 | | an employee who does not disclose his or her genetic |
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| 1 | | information or does not choose to participate in a program | 2 | | requiring disclosure of the employee's genetic information. | 3 | | (f) Nothing in this Act shall be construed to prohibit | 4 | | genetic testing of an employee who requests a genetic test and
| 5 | | who provides written authorization, in accordance with
Section | 6 | | 30 of this Act, from taking a genetic test for the
purpose of | 7 | | initiating a workers' compensation
claim under the Workers' | 8 | | Compensation Act. | 9 | | (g) A purchase of commercially and publicly available
| 10 | | documents, including newspapers, magazines, periodicals, and
| 11 | | books but not including medical databases or court records or
| 12 | | inadvertently requesting family medical history by an
| 13 | | employer, employment agency, labor organization, and licensing
| 14 | | agency does not violate this Act. | 15 | | (h) Nothing in this Act shall be construed to prohibit an | 16 | | employer that conducts DNA analysis for law enforcement | 17 | | purposes as a forensic laboratory and that includes such | 18 | | analysis in the Combined DNA Index System pursuant to the | 19 | | federal Violent Crime Control and Law Enforcement Act of 1994 | 20 | | from requesting or requiring genetic testing or genetic | 21 | | information of such employer's employees, but only to the | 22 | | extent that such genetic testing or genetic information is used | 23 | | for analysis of DNA identification markers for quality control | 24 | | to detect sample contamination. | 25 | | (i) Nothing in this Act shall be construed to prohibit an | 26 | | employer from requesting or requiring genetic information to be |
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| 1 | | used for genetic monitoring of the biological effects of toxic | 2 | | substances in the workplace, but only if (1) the employer | 3 | | provides written notice of the genetic monitoring to the | 4 | | employee; (2) the employee provides written authorization | 5 | | under Section 30 of this Act or the genetic monitoring is | 6 | | required by federal or State law; (3) the employee is informed | 7 | | of individual monitoring results; (4) the monitoring is in | 8 | | compliance with any federal genetic monitoring regulations or | 9 | | State genetic monitoring regulations under the authority of the | 10 | | federal Occupational Safety and Health Act of 1970; and (5) the | 11 | | employer, excluding any health care provider, health care | 12 | | professional, or health facility that is involved in the | 13 | | genetic monitoring program, receives the results of the | 14 | | monitoring only in aggregate terms that do not disclose the | 15 | | identity of specific employees. | 16 | | (j) Despite lawful acquisition of genetic testing or | 17 | | genetic information under subsections (e) through (i) of this | 18 | | Section, an employer, employment agency, labor organization, | 19 | | and licensing agency still may not use or disclose the genetic | 20 | | test or genetic information in violation of this Act. | 21 | | (k) Except as provided in subsections (e), (f), (h), and | 22 | | (i) of this Section, a person shall not knowingly sell to or | 23 | | interpret for an employer, employment agency, labor | 24 | | organization, or licensing agency, or its employees, agents, or | 25 | | members, a genetic test of an employee, labor organization | 26 | | member, or license holder, or of a prospective employee, |
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| 1 | | member, or license holder. | 2 | | (Source: P.A. 98-1046, eff. 1-1-15 .)".
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