Law / United States / 
Oregon
Oregon employer prohibition on genetic tests of employees and applicants
In force.
A sensitive categories rule binding public and private bodies.
- Private right of action
- Yes
- Obligation class
- Prohibition, Consent
- Audit expectation
- none
As of .
What it requires
- Do not subject an employee or prospective employee, directly or indirectly, to a genetic test (ORS 659A.300(1)).
- You may administer a genetic test only if the individual or the individual's representative grants informed consent in the manner ORS 192.535 provides and the test is administered solely to determine a bona fide occupational qualification (ORS 659A.300(5)).
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Enforcement body
Commissioner of the Bureau of Labor and Industries, who after a hearing issues a cease and desist order against a respondent found to have engaged in an unlawful practice, which may require payment of an award of actual damages suffered by the complainant (ORS 659A.850(4)).
What this law does
Except as ORS 659A.300 provides, it is an unlawful employment practice for any employer to subject, directly or indirectly, any employee or prospective employee to a genetic test, among other listed tests. For ORS 659A.300, genetic test has the meaning given in ORS 192.531.
ORS 659A.300(1) does not prohibit a genetic test if the individual or the individual's representative grants informed consent in the manner ORS 192.535 provides and the test is administered solely to determine a bona fide occupational qualification. A person claiming to be aggrieved by an unlawful practice that ORS 659A.885(2) specifies, which includes a violation of ORS 659A.300, may file a civil action in circuit court, and the court may order injunctive and other equitable relief.
After a hearing the commissioner issues an appropriate cease and desist order against a respondent found to have engaged in an unlawful practice, and the order may require the respondent to pay an award of actual damages suffered by the complainant.
When LexLint raises it
When your app profile says your app makes employment decisions.