Law / United States / 
Iowa
Genetic testing in employment: limits on employers, employment agencies, labor organizations and licensing agencies
Iowa Code § 729.6(2), (5) to (9)
In force.
A sensitive categories rule binding public and private bodies.
- Private right of action
- Yes
- Obligation class
- Prohibition
- Audit expectation
- none
As of .
What it requires
- As an employer, employment agency, labor organization or licensing agency, do not solicit, require or administer a genetic test of a person as a condition of employment, preemployment application, labor organization membership or licensure (Iowa Code 729.6(2)(a)).
- Do not affect the terms, conditions or privileges of employment, preemployment application, membership or licensure, and do not terminate employment, membership or licensure, because a person obtains a genetic test (729.6(2)(b)).
- Do not sell to or interpret for an employer, employment agency, labor organization or licensing agency a genetic test of an employee, member, licensee or prospective one, except for a test the employee requests with written and informed consent to investigate a workers' compensation claim or, if you take no adverse action against the employee as a result of the test, to determine the employee's susceptibility or level of exposure to potentially toxic chemicals or substances in the workplace (729.6(5) and (9)).
- Do not offer employment, membership, licensure or any pay or benefit in return for a person taking a genetic test (729.6(6)).
- Do not discharge, discipline or discriminate against a person who in good faith files a complaint or testifies in a proceeding about a violation of the section, and compensate any person so treated for lost wages and benefits (729.6(7)).
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Enforcement body
An aggrieved employee, labor organization member, licensee or prospective one may sue under Iowa Code 729.6(8)(a), and the county attorney or the Iowa Attorney General may bring an action for an injunction in district court under 729.6(8)(b).
What this law does
Under section 729.6 of the Iowa Code, an employer includes the state of Iowa and any political subdivision, board, commission, department, institution or school district, and every other person employing employees within the state.
Subsection 2 of section 729.6 bars an employer, employment agency, labor organization or licensing agency from soliciting, requiring or administering a genetic test of a person as a condition of employment, preemployment application, labor organization membership or licensure. Subsection 2 of section 729.6 also bars the same persons from affecting the terms, conditions or privileges of employment, or terminating employment, membership or licensure, of a person who obtains a genetic test.
Subsection 5 of section 729.6 bars a person from selling to or interpreting for an employer, employment agency, labor organization or licensing agency a genetic test of an employee, member or licensee or of a prospective one. Subsection 6 of section 729.6 prohibits an agreement offering employment, membership, licensure or any pay or benefit in return for taking a genetic test.
Subsection 7 of section 729.6 requires compensation for lost wages and benefits for a person discharged, disciplined or discriminated against in violation of the section.
Subsection 9 of section 729.6 allows genetic testing of an employee who requests it and gives written and informed consent, to investigate a workers' compensation claim or, if the employer takes no adverse action as a result of the test, to determine the employee's susceptibility or level of exposure to potentially toxic chemicals or substances in the workplace.
Subsection 8 of section 729.6 lets an aggrieved employee, member, licensee or prospective one recover affirmative relief including reinstatement or hiring, with or without back pay, and attorney fees and court costs, from a person who violates subsection 2, 3, 5, 6 or 7.
Subsection 8 of section 729.6 also lets an aggrieved employee, member, licensee or prospective one, the county attorney or the attorney general seek an injunction in district court against an act that violates subsection 2, 3, 5, 6 or 7. Chapter 1059 of the 1992 Acts, Senate File 2145, added section 729.6 to the Iowa Code, in an act relating to the use of genetic testing in employment situations by employers, employment agencies, labor organizations and licensing agencies.
When LexLint raises it
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