Law / United States / 
Oregon
Oregon employer prohibition on obtaining, seeking or using genetic information of employees and applicants
In force.
A sensitive categories rule binding public and private bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
As of .
What it requires
- Do not seek to obtain, obtain or use genetic information of an employee or prospective employee, or of a blood relative of either, to distinguish between or discriminate against the person or restrict any right or benefit otherwise due or available (ORS 659A.303(1)).
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
It is an unlawful employment practice for an employer to seek to obtain, to obtain or to use genetic information of an employee or a prospective employee, or of a blood relative of either, to distinguish between or discriminate against or restrict any right or benefit otherwise due or available to an employee or a prospective employee. For ORS 659A.303, blood relative, genetic information and obtain genetic information have the meanings given in ORS 192.531.
An employer is any person who in Oregon, directly or through an agent, engages or uses the personal service of one or more employees, reserving the right to control the means by which the service is performed. A person includes a public body as defined in ORS 30.260. The history note of ORS 659A.303 lists former ORS 659.036 and section 4 of chapter 210, Oregon Laws 2011.
A person claiming to be aggrieved by an unlawful practice may file with the Commissioner of the Bureau of Labor and Industries a verified written complaint. 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
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