Law / United States / Oklahoma

Genetic Nondiscrimination in Employment Act

Officially Genetic Nondiscrimination in Employment Act: employer limits on genetic tests and genetic information

Genetic Nondiscrimination in Employment Act, Okla. Stat. tit. 36, Sec. 3614.2

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In force since .

A sensitive categories rule binding public and private bodies.

Obligation class
Prohibition

As of .

What it requires

  • For purposes of distinguishing between or discriminating against or restricting any right or benefit otherwise due or available to an employee or prospective employee, other than in connection with the determination of insurance coverage or benefits, do not seek to obtain, or use, a genetic test or genetic information of the employee or prospective employee (section 3614.2(C)(1) of Title 36).
  • On the same terms, do not require a genetic test of, or require genetic information from, the employee or prospective employee (section 3614.2(C)(2) of Title 36).

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

If you get it wrong

Criminal exposureYes

Criminal exposure note

Section 3614.2(D): an employer violating the section, on conviction, is guilty of a misdemeanor and may be punished by a fine of not more than $25,000, by imprisonment in the county jail for not more than one year, or by both.

What this law does

Drafted with AI

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Research summary

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Section 3614.2 of Title 36 may be cited as the Genetic Nondiscrimination in Employment Act. Employer means employer as defined in section 3(d) of the Fair Labor Standards Act of 1938. Genetic information means information derived from the results of a genetic test.

For purposes of distinguishing between or discriminating against or restricting any right or benefit otherwise due or available to an employee or prospective employee, other than in connection with the determination of insurance coverage or benefits, no employer may seek to obtain or use a genetic test or genetic information of the employee or prospective employee, or require a genetic test of or genetic information from the employee or prospective employee.

An employer violating the section is guilty, on conviction, of a misdemeanor and may be punished by a fine of not more than $25,000, by imprisonment in the county jail for not more than one year, or by both. The section does not apply to an insurer, or to an individual or third party dealing with an insurer in the ordinary course of underwriting, conducting or administering life, disability income or long-term care insurance, including such insurance an employer makes available to its employees. Section 3614.2 was enacted by Laws 1998, HB 3169, c.334, section 2, with an emergency effective date of .

When LexLint raises it

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