Law / United States / 
Minnesota
Genetic testing in employment: limits on employers and employment agencies
In force.
A sensitive categories rule binding public and private bodies.
- Private right of action
- Yes
- Enforcement body
- A person aggrieved by a violation sues under section 181.974, subdivision 3.
- Obligation class
- Prohibition
As of .
What it requires
- If you are an employer or employment agency, do not administer a genetic test, or request, require or collect protected genetic information about a person, as a condition of employment.
- Do not affect the terms or conditions of employment, or terminate the employment, of any person based on protected genetic information.
- Do not provide or interpret protected genetic information on a current or prospective employee for an employer or employment agency.
These lines are LexLint's reading of the law's text, as of .
What this law does
Section 181.974 governs genetic testing in employment. An employer is any person having one or more employees in Minnesota, and includes the state and its political subdivisions. Protected genetic information is information about a person's genetic test or about a genetic test of a blood relative of the person.
No employer or employment agency may directly or indirectly administer a genetic test or request, require or collect protected genetic information regarding a person as a condition of employment. No employer or employment agency may affect the terms or conditions of employment or terminate the employment of any person based on protected genetic information. No person may provide or interpret for any employer or employment agency protected genetic information on a current or prospective employee.
A person aggrieved by a violation may bring a civil action in which the court may award up to three times the actual damages, punitive damages, reasonable costs and attorney fees, and injunctive or other equitable relief. The history note of section 181.974 records its enactment by section 1 of chapter 154, Laws of 2001, and an amendment by article 13, section 20 of chapter 9, First Special Session 2001. The act that enacted section 181.974 was signed by the governor on .
Section 181.974 defines a genetic test as the analysis of human DNA, RNA, chromosomes, proteins, or certain metabolites in order to detect disease-related genotypes or mutations.
When LexLint raises it
When your app profile says your app makes employment decisions.