Bill Text: IL SB0318 | 2017-2018 | 100th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Continuum of Care Services for the Developmentally Disabled Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0396 [SB0318 Detail]
Download: Illinois-2017-SB0318-Enrolled.html
Bill Title: Amends the Continuum of Care Services for the Developmentally Disabled Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0396 [SB0318 Detail]
Download: Illinois-2017-SB0318-Enrolled.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Genetic Information Privacy Act is amended | ||||||
5 | by changing Section 25 as follows:
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6 | (410 ILCS 513/25)
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7 | Sec. 25. Use of genetic testing information by employers.
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8 | (a) An employer, employment agency, labor organization, | ||||||
9 | and licensing agency shall treat genetic testing and genetic | ||||||
10 | information in such a manner
that is consistent with the | ||||||
11 | requirements of federal law, including but not
limited to the | ||||||
12 | Genetic Information Nondiscrimination Act of 2008, the | ||||||
13 | Americans with Disabilities Act, Title VII of the Civil Rights | ||||||
14 | Act of 1964, the Family and Medical Leave Act of 1993, the | ||||||
15 | Occupational Safety and Health Act of 1970, the Federal Mine | ||||||
16 | Safety and Health Act of 1977, or the Atomic Energy Act of | ||||||
17 | 1954.
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18 | (b) An employer may release genetic testing information | ||||||
19 | only in accordance
with this Act.
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20 | (c) An employer, employment agency, labor organization, | ||||||
21 | and licensing agency shall not directly or indirectly do any of | ||||||
22 | the following: | ||||||
23 | (1) solicit, request, require or purchase genetic |
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1 | testing or genetic information of a person or a family | ||||||
2 | member of the person, or administer a genetic test to a | ||||||
3 | person or a family member of the person as a condition of | ||||||
4 | employment, preemployment application, labor organization | ||||||
5 | membership, or licensure; | ||||||
6 | (2) affect the terms, conditions, or privileges of | ||||||
7 | employment, preemployment application, labor organization | ||||||
8 | membership, or licensure, or terminate the employment, | ||||||
9 | labor organization membership, or licensure of any person | ||||||
10 | because of genetic testing or genetic information with | ||||||
11 | respect to the employee or family member, or information | ||||||
12 | about a request for or the receipt of genetic testing by | ||||||
13 | such employee or family member of such employee; | ||||||
14 | (3) limit, segregate, or classify employees in any way | ||||||
15 | that would deprive or tend to deprive any employee of | ||||||
16 | employment opportunities or otherwise adversely affect the | ||||||
17 | status of the employee as an employee because of genetic | ||||||
18 | testing or genetic information with respect to the employee | ||||||
19 | or a family member, or information about a request for or | ||||||
20 | the receipt of genetic testing or genetic information by | ||||||
21 | such employee or family member of such employee; and | ||||||
22 | (4) retaliate through discharge or in any other manner | ||||||
23 | against any person alleging a violation of this Act or | ||||||
24 | participating in any manner in a proceeding under this Act. | ||||||
25 | (d) An agreement between a person and an employer,
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26 | prospective employer, employment agency, labor organization,
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1 | or licensing agency, or its employees, agents, or members
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2 | offering the person employment, labor organization membership,
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3 | licensure, or any pay or benefit in return for taking a genetic
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4 | test is prohibited. | ||||||
5 | (e) An employer shall not use genetic information or
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6 | genetic testing in furtherance of a workplace wellness program
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7 | benefiting employees unless (1) health or genetic services are | ||||||
8 | offered by the employer, (2) the employee provides written | ||||||
9 | authorization in accordance with Section 30 of this Act, (3) | ||||||
10 | only the employee or family member if the family member is | ||||||
11 | receiving genetic services and the licensed health care | ||||||
12 | professional or licensed genetic counselor involved in | ||||||
13 | providing such services receive individually identifiable | ||||||
14 | information concerning the results of such services, and (4) | ||||||
15 | any individually identifiable information is only available | ||||||
16 | for purposes of such services and shall not be disclosed to the | ||||||
17 | employer except in aggregate terms that do not disclose the | ||||||
18 | identity of specific employees. An employer shall not penalize | ||||||
19 | an employee who does not disclose his or her genetic | ||||||
20 | information or does not choose to participate in a program | ||||||
21 | requiring disclosure of the employee's genetic information. | ||||||
22 | (f) Nothing in this Act shall be construed to prohibit | ||||||
23 | genetic testing of an employee who requests a genetic test and
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24 | who provides written authorization, in accordance with
Section | ||||||
25 | 30 of this Act, from taking a genetic test for the
purpose of | ||||||
26 | initiating a workers' compensation
claim under the Workers' |
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1 | Compensation Act. | ||||||
2 | (g) A purchase of commercially and publicly available
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3 | documents, including newspapers, magazines, periodicals, and
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4 | books but not including medical databases or court records or
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5 | inadvertently requesting family medical history by an
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6 | employer, employment agency, labor organization, and licensing
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7 | agency does not violate this Act. | ||||||
8 | (h) Nothing in this Act shall be construed to prohibit an | ||||||
9 | employer that conducts DNA analysis for law enforcement | ||||||
10 | purposes as a forensic laboratory and that includes such | ||||||
11 | analysis in the Combined DNA Index System pursuant to the | ||||||
12 | federal Violent Crime Control and Law Enforcement Act of 1994 | ||||||
13 | from requesting or requiring genetic testing or genetic | ||||||
14 | information of such employer's employees, but only to the | ||||||
15 | extent that such genetic testing or genetic information is used | ||||||
16 | for analysis of DNA identification markers for quality control | ||||||
17 | to detect sample contamination. | ||||||
18 | (i) Nothing in this Act shall be construed to prohibit an | ||||||
19 | employer from requesting or requiring genetic information to be | ||||||
20 | used for genetic monitoring of the biological effects of toxic | ||||||
21 | substances in the workplace, but only if (1) the employer | ||||||
22 | provides written notice of the genetic monitoring to the | ||||||
23 | employee; (2) the employee provides written authorization | ||||||
24 | under Section 30 of this Act or the genetic monitoring is | ||||||
25 | required by federal or State law; (3) the employee is informed | ||||||
26 | of individual monitoring results; (4) the monitoring is in |
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1 | compliance with any federal genetic monitoring regulations or | ||||||
2 | State genetic monitoring regulations under the authority of the | ||||||
3 | federal Occupational Safety and Health Act of 1970; and (5) the | ||||||
4 | employer, excluding any health care provider, health care | ||||||
5 | professional, or health facility that is involved in the | ||||||
6 | genetic monitoring program, receives the results of the | ||||||
7 | monitoring only in aggregate terms that do not disclose the | ||||||
8 | identity of specific employees. | ||||||
9 | (j) Despite lawful acquisition of genetic testing or | ||||||
10 | genetic information under subsections (e) through (i) of this | ||||||
11 | Section, an employer, employment agency, labor organization, | ||||||
12 | and licensing agency still may not use or disclose the genetic | ||||||
13 | test or genetic information in violation of this Act. | ||||||
14 | (k) Except as provided in subsections (e), (f), (h), and | ||||||
15 | (i) of this Section, a person shall not knowingly sell to or | ||||||
16 | interpret for an employer, employment agency, labor | ||||||
17 | organization, or licensing agency, or its employees, agents, or | ||||||
18 | members, a genetic test of an employee, labor organization | ||||||
19 | member, or license holder, or of a prospective employee, | ||||||
20 | member, or license holder. | ||||||
21 | (Source: P.A. 98-1046, eff. 1-1-15 .)
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