Law / United States / Nebraska

Employer limits on genetic testing and use of genetic information

Neb. Rev. Stat. § 48-236

In force.

A sensitive categories rule binding public and private bodies.

Obligation class
Prohibition, Consent
Audit expectation
none

As of .

What it requires

  • If you are an employer, do not fail or refuse to hire, recruit or promote an employee or applicant because of genetic information that is unrelated to the ability to perform the duties of a particular job or position (Neb. Rev. Stat. 48-236(2)(a)).
  • Do not discharge or otherwise discriminate against an employee or applicant with respect to compensation or the terms, conditions or privileges of employment because of genetic information that is unrelated to the ability to perform the duties of the job (48-236(2)(b)).
  • Do not limit, segregate or classify an employee or applicant in a way that deprives or tends to deprive the person of employment opportunities because of genetic information that is unrelated to the ability to perform the duties of the job (48-236(2)(c)).
  • Do not require an employee or applicant for employment to submit to a genetic test or to provide genetic information as a condition of employment or promotion (48-236(2)(d)).

These lines are LexLint's reading of the law's text, as of .

What this law does

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Research summary

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Except as federal law otherwise requires, an employer, meaning a person who has one or more employees, may not fail or refuse to hire, recruit or promote an employee or applicant because of genetic information that is unrelated to the ability to perform the duties of a particular job or position. An employer may not require an employee or applicant for employment to submit to a genetic test or to provide genetic information as a condition of employment or promotion.

An employee may voluntarily provide the employer genetic information related to the employee's health or safety in the workspace, and the employer may use it to protect the employee's health or safety. The section does not apply to the employment of an individual by his or her parent, spouse or child, and it excludes an individual employed in the domestic service of any person.

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