Law / United States / 
Rhode Island
Employer limits on genetic testing and genetic information: Genetic Testing as a Condition of Employment
R.I. Gen. Laws secs. 28-6.7-1 to 28-6.7-5
In force.
A sensitive categories rule binding public and private bodies.
- Private right of action
- Yes
- Obligation class
- Prohibition
- Audit expectation
- none
As of .
What it requires
- As an employer, employment agency or licensing agency, do not directly or indirectly request, require or administer a genetic test to an employee, licensee or applicant for employment or licensure (section 28-6.7-1(a)(1)).
- Do not affect the terms, conditions or privileges of employment or licensure, or terminate employment or licensure, of a person who obtains a genetic test (section 28-6.7-1(a)(2)).
- Do not deny employment or an occupational license, suspend, revoke or refuse to renew a license, or take other action affecting the terms, conditions or privileges of employment against an employee or license holder based directly or indirectly on a refusal to submit to a genetic test, to submit a family health history, or to reveal whether the person submitted to a genetic test or its results (section 28-6.7-1(a)(3)).
- Do not otherwise use genetic information to adversely affect the employment, licensure or application of any individual, and do not reveal genetic information about employees, licensees or applicants (section 28-6.7-1(a)(4) and (5)).
- If you are any person, do not sell to or interpret for an employer, employment agency or licensing agency a genetic test of a current or prospective employee or licensee (section 28-6.7-1(b)).
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Enforcement body
Courts, in a civil action by a prevailing applicant or employee for actual and punitive damages, attorneys' fees and costs, and injunctive relief (section 28-6.7-3).
Settledness
- As of
What this law does
Section 28-6.7-1(a) of the Rhode Island General Laws bars an employer, employment agency or licensing agency from directly or indirectly requesting, requiring or administering a genetic test to an employee, licensee or applicant for employment or licensure.
Section 28-6.7-1(a)(2) to (5) of the Rhode Island General Laws bar those parties from affecting the terms, conditions or privileges of employment or licensure of a person who obtains a genetic test, from denying employment or a license or taking other adverse action based on a refusal to submit to a genetic test, to submit a family health history or to reveal whether a test was taken or its results, from otherwise using genetic information to adversely affect an individual, and from revealing genetic information about employees, licensees or applicants.
Section 28-6.7-1(b) of the Rhode Island General Laws bars any person from selling to or interpreting for an employer, employment agency or licensing agency a genetic test of a current or prospective employee or licensee. Section 28-6.7-2.1 of the Rhode Island General Laws defines employer to include the state and all political subdivisions of the state, any person in this state employing individuals, and any person acting in the interest of an employer directly or indirectly.
Section 28-6.7-2.1 of the Rhode Island General Laws defines genetic information as information about genes, gene product, or inherited characteristics that may derive from the individual or a family member, including whether the individual or a family member has sought or obtained a genetic test.
Section 28-6.7-3 of the Rhode Island General Laws lets a court in a civil action alleging a violation of the chapter award a prevailing applicant or employee punitive damages in addition to actual damages and reasonable attorneys' fees and costs, and afford injunctive relief against an employer. Section 28-6.7-1 of the Rhode Island General Laws was enacted by Public Law 1992, chapter 171, and amended by Public Law 2002, chapter 49.
Public Law 2002, chapter 49 (H 7149A as amended), enacted , amended section 28-6.7-1. Section 4 of the 2002 act on genetic testing as a condition of employment provides that the act takes effect upon passage.
When LexLint raises it
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