Wisconsin Statutes 111.372 – Use of genetic testing in employment situations
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Terms Used In Wisconsin Statutes 111.372
- agency: means an office, department, independent agency, authority, institution, association, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts. See Wisconsin Statutes 111.32
- Employer: means the state and each agency of the state and, except as provided in par. See Wisconsin Statutes 111.32
- Employment agency: means any person, including this state, who regularly undertakes to procure employees or opportunities for employment for any other person. See Wisconsin Statutes 111.32
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Genetic testing: means a test of a person's genes, gene products or chromosomes, for abnormalities or deficiencies, including carrier status, that are linked to physical or mental disorders or impairments, or that indicate a susceptibility to illness, disease, impairment or other disorders, whether physical or mental, or that demonstrate genetic or chromosomal damage due to environmental factors. See Wisconsin Statutes 111.32
- Labor organization: means :
(a) Any organization, agency or employee representation committee, group, association or plan in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours or other terms or conditions of employment; or
(b) Any conference, general committee, joint or system board or joint council which is subordinate to a national or international committee, group, association or plan under par. See Wisconsin Statutes 111.32Licensing agency: means any board, commission, committee, department, examining board, affiliated credentialing board or officer, except a judicial officer, in the state or any city, village, town, county or local government authorized to grant, deny, renew, revoke, suspend, annul, withdraw or amend any license. See Wisconsin Statutes 111.32 Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
(1) No employer, labor organization, employment agency or licensing agency may directly or indirectly:
(a) Solicit, require or administer a genetic test to any person as a condition of employment, labor organization membership or licensure.
(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 person who obtains a genetic test.
(2) Except as provided in sub. (4), no person may sell to or interpret for an employer, labor organization, employment agency or licensing agency a genetic test of an employee, labor organization member or licensee or of a prospective employee, labor organization member or licensee.
(3) Any agreement between an employer, labor organization, employment agency or licensing agency and another person offering employment, labor organization membership, licensure or any pay or benefit to that person in return for taking a genetic test is prohibited.
(4) This section does not prohibit the genetic testing of an employee who requests a genetic test and who provides written and informed consent to taking a genetic test for any of the following purposes:
(a) Investigating a worker’s compensation claim under ch. 102.
(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 the genetic test.