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Public Act 100-0396


 

Public Act 0396 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0396
 
SB0318 EnrolledLRB100 05103 MJP 15113 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Genetic Information Privacy Act is amended
by changing Section 25 as follows:
 
    (410 ILCS 513/25)
    Sec. 25. Use of genetic testing information by employers.
    (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.
    (b) An employer may release genetic testing information
only in accordance with this Act.
    (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,
prospective employer, employment agency, labor organization,
or licensing agency, or its employees, agents, or members
offering the person employment, labor organization membership,
licensure, or any pay or benefit in return for taking a genetic
test is prohibited.
    (e) An employer shall not use genetic information or
genetic testing in furtherance of a workplace wellness program
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
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
documents, including newspapers, magazines, periodicals, and
books but not including medical databases or court records or
inadvertently requesting family medical history by an
employer, employment agency, labor organization, and licensing
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.)

Effective Date: 1/1/2018