Full Text of HB4317 103rd General Assembly
HB4317sam001 103RD GENERAL ASSEMBLY | Sen. Bill Cunningham Filed: 5/25/2024 | | 10300HB4317sam001 | | LRB103 35975 LNS 74149 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4317
| 2 | | AMENDMENT NO. ______. Amend House Bill 4317 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 | 6 | | of the following: | 7 | | (1) except as set forth in subsection (f-5), solicit, | 8 | | request, require or purchase genetic testing or genetic | 9 | | information of a person or a family member of the person, | 10 | | or administer a genetic test to a person or a family member | 11 | | of the person as a condition of employment, preemployment | 12 | | application, labor organization 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 | 26 | | employee or a family member, or information about a |
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| 1 | | request for or the receipt of genetic testing or genetic | 2 | | information by such employee or family member of such | 3 | | employee; and | 4 | | (4) retaliate through discharge or in any other manner | 5 | | against any person alleging a violation of this Act or | 6 | | participating in any manner in a proceeding under this | 7 | | Act. | 8 | | (d) An agreement between a person and an employer, | 9 | | prospective employer, employment agency, labor organization, | 10 | | or licensing agency, or its employees, agents, or members | 11 | | offering the person employment, labor organization membership, | 12 | | licensure, or any pay or benefit in return for taking a genetic | 13 | | test is prohibited. | 14 | | (e) An employer shall not use genetic information or | 15 | | genetic testing in furtherance of a workplace wellness program | 16 | | benefiting employees unless (1) health or genetic services are | 17 | | offered by the employer, (2) the employee provides written | 18 | | authorization in accordance with Section 30 of this Act, (3) | 19 | | only the employee or family member if the family member is | 20 | | receiving genetic services and the licensed health care | 21 | | professional or licensed genetic counselor involved in | 22 | | providing such services receive individually identifiable | 23 | | information concerning the results of such services, and (4) | 24 | | any individually identifiable information is only available | 25 | | for purposes of such services and shall not be disclosed to the | 26 | | employer except in aggregate terms that do not disclose the |
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| 1 | | identity of specific employees. An employer shall not penalize | 2 | | an employee who does not disclose his or her genetic | 3 | | information or does not choose to participate in a program | 4 | | requiring disclosure of the employee's genetic information. | 5 | | (f) Nothing in this Act shall be construed to prohibit | 6 | | genetic testing of an employee who requests a genetic test and | 7 | | who provides written authorization, in accordance with Section | 8 | | 30 of this Act, from taking a genetic test for the purpose of | 9 | | initiating a workers' compensation claim under the Workers' | 10 | | Compensation Act. | 11 | | (f-5) Nothing in this Act shall be construed to prohibit | 12 | | an employer or potential employer from requiring a job | 13 | | candidate or existing employee to participate in a | 14 | | pre-employment physical examination or an employment-related | 15 | | physical examination, including an examination that asks | 16 | | questions regarding familial medical background or genetic | 17 | | information, so long as: | 18 | | (1) the job candidate or employee has consented, in | 19 | | writing, to participate in such physical examination; and | 20 | | (2) no genetic information is provided or made | 21 | | available to the employer or potential employer or used by | 22 | | the employer or potential employer to make any | 23 | | employment-related decisions other than to determine an | 24 | | employee's or job candidate's fitness to work or ability | 25 | | to perform the required job duties. | 26 | | Not later than 6 months after the effective date of this |
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| 1 | | amendatory Act of the 103rd General Assembly, if a | 2 | | pre-employment physical examination or employment-related | 3 | | physical examination will collect genetic information, a | 4 | | consent form that clearly and in plain language explains the | 5 | | rights of an individual under this Act, including this | 6 | | Section, must be provided by the employer or potential | 7 | | employer in writing and signed by the individual. | 8 | | (g) A purchase of commercially and publicly available | 9 | | documents, including newspapers, magazines, periodicals, and | 10 | | books but not including medical databases or court records or | 11 | | inadvertently requesting family medical history by an | 12 | | employer, employment agency, labor organization, and licensing | 13 | | agency does not violate this Act. | 14 | | (h) Nothing in this Act shall be construed to prohibit an | 15 | | employer that conducts DNA analysis for law enforcement | 16 | | purposes as a forensic laboratory and that includes such | 17 | | analysis in the Combined DNA Index System pursuant to the | 18 | | federal Violent Crime Control and Law Enforcement Act of 1994 | 19 | | from requesting or requiring genetic testing or genetic | 20 | | information of such employer's employees, but only to the | 21 | | extent that such genetic testing or genetic information is | 22 | | used for analysis of DNA identification markers for quality | 23 | | control to detect sample contamination. | 24 | | (i) Nothing in this Act shall be construed to prohibit an | 25 | | employer from requesting or requiring genetic information to | 26 | | be used for genetic monitoring of the biological effects of |
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| 1 | | toxic substances in the workplace, but only if (1) the | 2 | | employer provides written notice of the genetic monitoring to | 3 | | the employee; (2) the employee provides written authorization | 4 | | under Section 30 of this Act or the genetic monitoring is | 5 | | required by federal or State law; (3) the employee is informed | 6 | | of individual monitoring results; (4) the monitoring is in | 7 | | compliance with any federal genetic monitoring regulations or | 8 | | State genetic monitoring regulations under the authority of | 9 | | the federal Occupational Safety and Health Act of 1970; and | 10 | | (5) the employer, excluding any health care provider, health | 11 | | care professional, or health facility that is involved in the | 12 | | genetic monitoring program, receives the results of the | 13 | | monitoring only in aggregate terms that do not disclose the | 14 | | identity of specific employees. | 15 | | (j) Despite lawful acquisition of genetic testing or | 16 | | genetic information under subsections (e) through (i) of this | 17 | | Section, an employer, employment agency, labor organization, | 18 | | and licensing agency still may not use or disclose the genetic | 19 | | test or genetic information in violation of this Act. | 20 | | (k) Except as provided in subsections (e), (f), (h), and | 21 | | (i) of this Section, a person shall not knowingly sell to or | 22 | | interpret for an employer, employment agency, labor | 23 | | organization, or licensing agency, or its employees, agents, | 24 | | or members, a genetic test of an employee, labor organization | 25 | | member, or license holder, or of a prospective employee, | 26 | | member, or license holder. |
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| 1 | | (Source: P.A. 100-396, eff. 1-1-18 .) | 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.". |
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