Law / United States / 
Virginia
Employer limits on genetic testing and genetic characteristics
In force since .
A sensitive categories rule binding private bodies.
- Criminal exposure
- No
- Private right of action
- Yes
- Obligation class
- Prohibition
As of .
What it requires
- Do not request, require, solicit or administer a genetic test, as defined in section 38.2-508.4, to any person as a condition of employment.
- Do not refuse to hire, fail to promote, discharge or otherwise adversely affect the terms or conditions of employment of an employee or prospective employee solely on the basis of a genetic characteristic or the results of a genetic test, as those terms are defined in section 38.2-508.4, regardless of how you obtained the information or results.
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Enforcement body
The affected employee, who may sue the employer in a court of competent jurisdiction within 180 days of the adverse action; the Department of Labor and Industry is not required to conduct investigations or enforcement actions under the section.
Settledness
- As of
- Open questions
- Does subdivision A 1, which bars requesting or administering a genetic test as a condition of employment, support an employee action when no adverse action follows, given that subsection B gives an action only against "the employer who took adverse action against the employee"?
What this law does
No employer may request, require, solicit or administer a genetic test to any person as a condition of employment. No employer may refuse to hire, fail to promote, discharge or otherwise adversely affect the terms or conditions of employment of an employee or prospective employee solely on the basis of a genetic characteristic or the results of a genetic test, regardless of how the employer obtained the information or results.
Section 40.1-28.7:1 of the Code of Virginia does not preclude the use of information related to a criminal investigation. An employee may sue the employer that took adverse action within 180 days of the adverse action, and the court may award actual or punitive damages, including back pay with interest, or injunctive relief. The section does not require the Department of Labor and Industry to conduct any investigations or enforcement actions.
Section 40.1-28.7:1 of the Code of Virginia excludes any long term care, life or disability insurance policy from the terms and conditions of employment to which subdivision A 2 applies. Section 40.1-2.1 of the Code of Virginia provides that the provisions of Title 40.1 do not apply to the Commonwealth, its agencies, institutions or political subdivisions, or any public body, unless coverage is extended by specific regulation of the Commissioner or the Board. The section took effect on .
When LexLint raises it
When your app profile says your app makes employment decisions.