Law / United States / 
Louisiana
Genetic information and privacy in the workplace: employer limits on collecting, using and disclosing employee genetic information
In force.
A sensitive categories rule binding public and private bodies.
- Private right of action
- Yes
- Obligation class
- Prohibition, Consent, Retention
- Audit expectation
- none
As of .
What it requires
- If you are an employer, labor organization or employment agency, do not discharge, refuse to hire, limit, segregate, classify or otherwise discriminate against an employee because of protected genetic information, or information about a request for or the receipt of genetic services.
- Do not require, collect or purchase an employee's protected genetic information, or information about a request for or receipt of genetic services, except as the section's exceptions allow: an applicant with a conditional offer or an employee where the information is used exclusively to assess whether further medical evaluation is needed, therapeutic services the employer provides with the employee's prior knowing, voluntary and written authorization, or authorized genetic monitoring of toxic substances.
- Do not disclose an employee's protected genetic information except to the employee on request, to a qualifying health researcher, as a federal or state statute, legislative subpoena or court order requires (giving the individual notice to challenge a subpoena or order secured without their knowledge), or to executive branch officials investigating compliance.
- Keep protected genetic information out of general personnel files and treat it as confidential medical records kept separate from them.
These lines are LexLint's reading of the law's text, as of .
What this law does
Under Revised Statutes 23:368, an employer, labor organization or employment agency may not discharge, fail or refuse to hire, or otherwise discriminate against an employee with respect to compensation, terms, conditions or privileges of employment because of protected genetic information or information about a request for or receipt of genetic services.
Under Revised Statutes 23:368, an employer, labor organization or employment agency may not require, collect or purchase protected genetic information with respect to an employee, or information about a request for or receipt of genetic services by the employee, subject to the exceptions the section states.
Under Revised Statutes 23:368, an employer may not disclose protected genetic information about an employee except to the employee on request, to a qualifying health researcher, as required by a federal or state statute, subpoena or court order, or to executive branch officials investigating compliance.
Under Revised Statutes 23:368, an employer may not maintain protected genetic information in general personnel files, and must treat it as confidential medical records kept separate from personnel files. Under Revised Statutes 23:368, genetic monitoring of the biological effects of toxic substances in the workplace is permitted only if the employee has given prior knowing, voluntary and written authorization, is notified of the results, and the employer receives results only in aggregate terms.
Under section 23:303 of the Revised Statutes, a plaintiff who has a cause of action against an employer, employment agency or labor organization for a violation of the chapter may file a civil suit in a district court seeking compensatory damages, back pay, benefits, reinstatement or, if appropriate, front pay, reasonable attorney fees and court costs.
Under section 23:303 of the Revised Statutes, a plaintiff who intends to pursue court action must give the person who allegedly discriminated written notice at least thirty days before initiating court action. Under section 23:303 of the Revised Statutes, any cause of action provided in the chapter is subject to a prescriptive period of one year.
Under section 23:302 of the Revised Statutes, the chapter's provisions apply only to an employer who employs twenty or more employees within this state for each working day in each of twenty or more calendar weeks in the current or preceding calendar year.
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