Law / United States / 
New Hampshire
Genetic testing in employment: limits on employers, labor organizations, employment agencies and licensing agencies
In force since .
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, labor organization, employment agency or licensing agency, do not directly or indirectly solicit, require or administer genetic testing relating to any individual as a condition of employment, labor organization membership or licensure (RSA 141-H:3, I(a)).
- Do not affect the terms, conditions or privileges of employment, labor organization membership or licensure, or terminate any individual, based on genetic testing (RSA 141-H:3, I(b)).
- Do not sell or otherwise provide to an employer, labor organization, employment agency or licensing agency any genetic testing relating to an employee, member or licensee or a prospective one, except as RSA 141-H:3, IV allows (RSA 141-H:3, II).
- Do not offer employment, membership, licensure, or any pay or benefit in return for an individual taking a genetic test (RSA 141-H:3, III).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Private right of actionYes
Statutory damages
RSA 141-H:6: an aggrieved individual who brings a civil action under the chapter and succeeds shall be awarded special or general damages of not less than $1,000 for each violation, and costs and reasonable legal fees.
- As of
- Currency
- USD
- Per person minimum
- 1,000
What this law does
No employer, labor organization, employment agency or licensing agency may directly or indirectly solicit, require or administer genetic testing relating to any individual as a condition of employment, labor organization membership or licensure. No such body may affect the terms, conditions or privileges of employment, membership or licensure, or terminate any individual, based on genetic testing.
No person may sell or otherwise provide to such a body any genetic testing relating to an employee, member or licensee or to a prospective one, except as the section allows. The section does not prohibit genetic testing of an employee who requests it and gives written and informed consent for investigating a workers' compensation claim or for determining susceptibility to or exposure to toxic substances in the workplace.
The section does not prohibit or limit genetic testing for evidence of insurability with respect to life, disability income or long-term care insurance under the terms of an employee benefit plan. An aggrieved individual may bring a civil action under the chapter and, if successful, shall be awarded special or general damages of not less than $1,000 for each violation, and costs and reasonable legal fees.
When LexLint raises it
When your app profile says your app makes employment decisions.