Law / United States / 
Utah
Genetic Testing and Procedure Privacy Act: restrictions on employers
In force.
A sensitive categories rule binding public and private bodies.
- Obligation class
- Prohibition, Consent
As of .
What it requires
- If you are an employer, do not, in connection with a hiring, promotion, retention, or other related decision, access or otherwise take into consideration private genetic information about an individual (Utah Code 13-60-204(1)(a)).
- Do not request or require an individual to consent to a release for the purpose of accessing private genetic information about the individual (Utah Code 13-60-204(1)(b)).
- Do not request or require an individual or the individual's blood relative to submit to a genetic test or a genetic procedure (Utah Code 13-60-204(1)(c)).
- Do not inquire into or otherwise take into consideration the fact that an individual or the individual's blood relative has taken or refused to take a genetic test, or has undergone or refused to undergo a genetic procedure (Utah Code 13-60-204(1)(d)).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureNo
Private right of actionYes
Penalty structure
Utah Code 13-60-207: the attorney general may bring an action to restrain or enjoin a violation of the part, and the court may, after , require payment of a civil fine of not more than $25,000 for each separate intentional violation and reasonable costs of investigation and litigation, including attorneys' fees.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 25,000
Statutory damages
Utah Code 13-60-206(2): an insurance company or employer that violates an individual's legal rights under the part is liable for each separate violation for actual damages, $100,000 if the violation is the result of an intentional and willful act or punitive damages if it is the result of a malicious act, and reasonable attorneys' fees. The $100,000 figure is recorded as per_person_reckless for the intentional and willful case.
- As of
- Currency
- USD
- Per person reckless
- 100,000
Who enforces it
Enforcement body
Utah Attorney General, who may bring an action to restrain or enjoin a violation of the part and seek a civil fine and costs (Utah Code 13-60-207); an individual may also sue (Utah Code 13-60-206).
What this law does
Except as Subsection (2) provides, an employer may not in connection with a hiring, promotion, retention, or other related decision access or otherwise take into consideration private genetic information about an individual, request or require an individual to consent to a release for the purpose of accessing private genetic information about the individual, request or require an individual or the individual's blood relative to submit to a genetic test or a genetic procedure, or inquire into or otherwise take into consideration the fact that an individual or the individual's blood relative has taken or refused to take a genetic test or has undergone or refused to undergo a genetic procedure.
An employer may seek an order compelling the disclosure of private genetic information held by an individual or third party in connection with an employment-related judicial or administrative proceeding in which the individual has placed his health at issue, or an employment-related decision in which the employer has a reasonable basis to believe that the individual's health condition poses a real and unjustifiable safety risk requiring the change or denial of an assignment.
An order compelling the disclosure of private genetic information may only be entered upon a finding that other ways of obtaining the private information are not available or would not be effective and that there is a compelling need for the private genetic information which substantially outweighs the potential harm to the privacy interests of the individual.
Private genetic information is information about an identifiable individual that is derived from the presence, absence, alteration, or mutation of an inherited gene or genes, or the presence or absence of a specific DNA marker or markers, and that has been obtained from a genetic test or analysis of the individual's DNA, from a genetic test or analysis of the DNA of a blood relative of the individual, or from a genetic procedure.
An individual whose legal rights arising under the part have been violated after , may recover damages and be granted equitable relief in a civil action. An employer who violates the legal rights of an individual arising from the part is liable for each separate violation for actual damages sustained, $100,000 if the violation is the result of an intentional and willful act or punitive damages if the violation is the result of a malicious act, and reasonable attorneys' fees.
The attorney general may bring an action to restrain or enjoin a violation, and the court may, after , require the payment of a civil fine of not more than $25,000 for each separate intentional violation and reasonable costs of investigation and litigation. The part was renumbered and amended by Chapter 327, 2023 General Session.
When LexLint raises it
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