Law / United States / 
Vermont
Genetic testing: limits on use and disclosure of genetic information in employment, labor organization membership and licensure
18 V.S.A. sec. 9333; sec. 9335(a), (b)
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Prohibition, Disclosure
- Audit expectation
- none
As of .
What it requires
- Do not, directly or indirectly, use the fact that genetic counseling or testing services have been requested or that genetic testing has been performed, use genetic testing results or genetic information from a person or a member of the person's family, use the diagnosis of a genetic disease derived from a clinical interview and examination rather than a genetic test, or require genetic testing, as a condition of or to affect the terms, conditions or privileges of employment (including application for employment), membership in a labor organization, or professional licensure, certification or registration. Subject to the underwriting limits of section 9334, the bar does not prohibit use of genetic testing results or genetic information in connection with life, disability income or long-term care insurance provided under an employee benefit plan.
- Do not disclose to an employer, labor organization, employment agency or licensing agency any genetic testing results or genetic information, that genetic services have been requested, or that genetic testing has been performed, with respect to an employee, labor organization member, professional licensee, certificate holder or registrant.
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
An intentional violation of section 9333 is punishable by imprisonment of not more than one year or a fine of not more than $10,000.00, or both (18 V.S.A. section 9335(a)).
Penalty structure
Section 9335(a) provides that a person who intentionally violates section 9333 shall be imprisoned not more than one year or fined not more than $10,000.00, or both.
- Rule
- Fixed only
- As of
- Currency
- USD
- Fixed cap
- 10,000
Statutory damages
Section 9335(b) lets a person aggrieved by a violation of the chapter bring an action for civil damages, including punitive damages, equitable relief, restitution of wages or other benefits, reinstatement, costs and reasonable attorney's fees, and other appropriate relief. The section states no dollar amount.
- As of
- Currency
- USD
What it makes you log
Logging duty
Section 9333 bars any person from using genetic testing, its results or a family member's genetic information, or requiring a test, as a condition of or to affect employment, labor organization membership or professional licensure, and bars disclosure of genetic results to an employer, labor organization, employment agency or licensing agency. These are prohibitions on use and disclosure and require no log, register or record; section 9335 sets a criminal penalty and a civil remedy. The cited sections state no territorial clause (the terms employer and employee take their meaning from 21 V.S.A. 495d, which the row does not cite), so no hook is coded.
- Kind
- None
- As of
What this law does
No person may, directly or indirectly, use the fact that genetic counseling or testing services were requested or that genetic testing was performed, use genetic testing results or genetic information from a person or a family member, use a diagnosis of a genetic disease derived from a clinical interview and examination, or require genetic testing, as a condition of or to affect the terms, conditions or privileges of employment, membership in a labor organization, or professional licensure, certification or registration.
Employment includes application for employment, and section 9333 does not prohibit use of genetic testing results or genetic information in connection with life, disability income or long-term care insurance provided under an employee benefit plan, subject to the underwriting limitations of section 9334.
No person may disclose to an employer, labor organization, employment agency or licensing agency any genetic testing results or genetic information, that genetic services have been requested, or that genetic testing has been performed, with respect to an employee, labor organization member, professional licensee, certificate holder or registrant.
A person who intentionally violates section 9333 or subsection 9334(a) shall be imprisoned not more than one year or fined not more than $10,000.00, or both. A person aggrieved by a violation of the chapter may bring an action for civil damages, including punitive damages, equitable relief, restitution of wages or other benefits, reinstatement, costs and reasonable attorney's fees, and other appropriate relief.
When LexLint raises it
When your app profile says your app makes employment decisions.