Idaho Code 39-8303 – Restrictions On Employers
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(1) Except as provided in subsections (2) and (3) of this section, an employer shall not, in connection with a hiring, promotion, retention or other related decision:
(a) Access or otherwise take into consideration private genetic information about an individual;
(b) Request or require an individual to consent to a release for the purpose of accessing private genetic information about the individual;
(c) Request or require an individual or his blood relative to submit to a genetic test; or
(d) Inquire into the fact that an individual or his blood relative has taken or refused to take a genetic test.
(2)(a) Notwithstanding the provisions of subsection (1) of this section, an employer may seek an order compelling the disclosure of private genetic information held by an individual or third party pursuant to subsection (2)(b) of this section in connection with:
(i) An employment-related judicial or administrative proceeding in which the individual has placed his health at issue; or
(ii) An employment-related decision in which the employer has a reasonable basis to believe that the individual’s health condition poses a real and unjustifiable safety risk requiring the change or denial of an assignment.
(b)(i) An order compelling the disclosure of private genetic information pursuant to this subsection may be entered only upon a finding that:
(A) Other ways of obtaining the private information are not available or would not be effective; and
(B) There is a compelling need for the private genetic information that substantially outweighs the potential harm to the privacy interests of the individual.
(ii) An order compelling the disclosure of private genetic information pursuant to this subsection shall:
(A) Limit disclosure to those parts of the record containing information essential to fulfill the objective of the order;
(B) Limit disclosure to those persons whose need for the information is the basis of the order; and
(C) Include such other measures as may be necessary to limit disclosure for the protection of the individual.
(3) An employer who conducts DNA analysis for law enforcement purposes as a forensic laboratory or for the purposes of human remains identification may request or require genetic information of its employees or contractors but only to the extent that such genetic information is used for analysis of DNA identification markers for quality control to detect sample contamination.
Terms Used In Idaho Code 39-8303
- Blood relative: means a person’s biologically related parent, grandparent, child, grandchild, sibling, uncle, aunt, nephew, niece or first cousin. See Idaho Code 39-8302
- DNA: means deoxyribonucleic acid, ribonucleic acid and chromosomes which may be analyzed to detect heritable diseases or conditions, including the identification of carriers, predicting risk of disease, or establishing a clinical diagnosis. See Idaho Code 39-8302
- Employer: means any person, partnership, limited liability company, association, corporation, labor organization, employment agency or nonprofit entity that employs five (5) or more persons including relatives, and including the legislative, executive and judicial branches of state government; any county, city, or any other political subdivision of the state; or any other separate unit of state or local government. See Idaho Code 39-8302
- genetic test: means the testing or analysis of an identifiable individual’s DNA that results in information that is derived from the presence, absence, alteration or mutation of an inherited gene or genes, or the presence or absence of a specific DNA marker or markers. See Idaho Code 39-8302
- Individual: means the person from whose body the DNA sample originated. See Idaho Code 39-8302
- Private genetic information: means any information about an identifiable individual that is derived from the presence, absence, alteration or mutation of an inherited gene or genes, or the presence or absence of a specific DNA marker or markers, and which has been obtained from a genetic test or analysis of the individual’s DNA or from a genetic test or analysis of a person’s DNA of whom the individual is a blood relative. See Idaho Code 39-8302