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
3everything after the enacting clause with the following:
 
4    "Section 5. The Genetic Information Privacy Act is amended
5by 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,
9and licensing agency shall treat genetic testing and genetic
10information in such a manner that is consistent with the
11requirements of federal law, including but not limited to the
12Genetic Information Nondiscrimination Act of 2008, the
13Americans with Disabilities Act, Title VII of the Civil Rights
14Act of 1964, the Family and Medical Leave Act of 1993, the
15Occupational Safety and Health Act of 1970, the Federal Mine
16Safety and Health Act of 1977, or the Atomic Energy Act of

 

 

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11954.
2    (b) An employer may release genetic testing information
3only in accordance with this Act.
4    (c) An employer, employment agency, labor organization,
5and licensing agency shall not directly or indirectly do any of
6the 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,
7prospective employer, employment agency, labor organization,
8or licensing agency, or its employees, agents, or members
9offering the person employment, labor organization membership,
10licensure, or any pay or benefit in return for taking a genetic
11test is prohibited.
12    (e) An employer shall not use genetic information or
13genetic testing in furtherance of a workplace wellness program
14benefiting employees unless (1) health or genetic services are
15offered by the employer, (2) the employee provides written
16authorization in accordance with Section 30 of this Act, (3)
17only the employee or family member if the family member is
18receiving genetic services and the licensed health care
19professional or licensed genetic counselor involved in
20providing such services receive individually identifiable
21information concerning the results of such services, and (4)
22any individually identifiable information is only available
23for purposes of such services and shall not be disclosed to the
24employer except in aggregate terms that do not disclose the
25identity of specific employees. An employer shall not penalize
26an employee who does not disclose his or her genetic

 

 

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1information or does not choose to participate in a program
2requiring disclosure of the employee's genetic information.
3    (f) Nothing in this Act shall be construed to prohibit
4genetic testing of an employee who requests a genetic test and
5who provides written authorization, in accordance with Section
630 of this Act, from taking a genetic test for the purpose of
7initiating a workers' compensation claim under the Workers'
8Compensation Act.
9    (g) A purchase of commercially and publicly available
10documents, including newspapers, magazines, periodicals, and
11books but not including medical databases or court records or
12inadvertently requesting family medical history by an
13employer, employment agency, labor organization, and licensing
14agency does not violate this Act.
15    (h) Nothing in this Act shall be construed to prohibit an
16employer that conducts DNA analysis for law enforcement
17purposes as a forensic laboratory and that includes such
18analysis in the Combined DNA Index System pursuant to the
19federal Violent Crime Control and Law Enforcement Act of 1994
20from requesting or requiring genetic testing or genetic
21information of such employer's employees, but only to the
22extent that such genetic testing or genetic information is used
23for analysis of DNA identification markers for quality control
24to detect sample contamination.
25    (i) Nothing in this Act shall be construed to prohibit an
26employer from requesting or requiring genetic information to be

 

 

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1used for genetic monitoring of the biological effects of toxic
2substances in the workplace, but only if (1) the employer
3provides written notice of the genetic monitoring to the
4employee; (2) the employee provides written authorization
5under Section 30 of this Act or the genetic monitoring is
6required by federal or State law; (3) the employee is informed
7of individual monitoring results; (4) the monitoring is in
8compliance with any federal genetic monitoring regulations or
9State genetic monitoring regulations under the authority of the
10federal Occupational Safety and Health Act of 1970; and (5) the
11employer, excluding any health care provider, health care
12professional, or health facility that is involved in the
13genetic monitoring program, receives the results of the
14monitoring only in aggregate terms that do not disclose the
15identity of specific employees.
16    (j) Despite lawful acquisition of genetic testing or
17genetic information under subsections (e) through (i) of this
18Section, an employer, employment agency, labor organization,
19and licensing agency still may not use or disclose the genetic
20test 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
23interpret for an employer, employment agency, labor
24organization, or licensing agency, or its employees, agents, or
25members, a genetic test of an employee, labor organization
26member, or license holder, or of a prospective employee,

 

 

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1member, or license holder.
2(Source: P.A. 98-1046, eff. 1-1-15.)".