RSA 141-H:3 · Use of Genetic Testing in Employment Situations

141-H:3 Use of Genetic Testing in Employment Situations. –

Copy link

I.

No employer, labor organization, employment agency, or licensing agency shall directly or indirectly:

Copy link

(a)

Solicit, require or administer genetic testing relating to any individual as a condition of employment, labor organization membership, or licensure.

Copy link

(b)

Affect the terms, conditions, or privileges of employment, labor organization membership, or licensure or terminate the employment, labor organization membership, or licensure of any individual based on genetic testing.

Copy link

II.

Except as provided in paragraph IV of this section, no person shall sell or otherwise provide to an employer, labor organization, employment agency or licensing agency any genetic testing relating to an employee, labor organization member or licensee or to a prospective employee, labor organization member or licensee.

Copy link

III.

Any agreement between an employer, labor organization, employment agency, or licensing agency and an individual offering employment, labor organization membership, licensure, or any pay or benefit to that individual in return for taking a genetic test is prohibited.

Copy link

IV.

This section shall not prohibit the genetic testing of an employee who requests to undergo genetic testing and who provides written and informed consent to genetic testing for any of the following purposes:

Copy link

(a)

Investigating a worker's compensation claim under RSA 281-A.

Copy link

(b)

Determining the employee's susceptibility or level of exposure to potentially toxic chemicals or potentially toxic substances in the workplace, if the employer does not terminate the employee, or take any other action that adversely affects any term, condition, or privilege of the employee's employment, as a result of genetic testing.

Copy link

V.

This section shall not prohibit or limit genetic testing for evidence of insurability with respect to life, disability income, or long-term care insurance under the terms of an employee benefit plan. Source. 1995, 101:1, eff. Jan. 1, 1996.

Copy link