§ 9333. Genetic testing; employment; membership in a labor organization; professional licensure

(a) No person shall, directly or indirectly, do any of the following as a condition of, or to affect the terms, conditions, or privileges of employment, of membership in a labor organization, or of professional licensure, certification, or registration:

(1) use the fact that genetic counseling or testing services have been requested or that genetic testing has been performed;

(2) use genetic testing results or genetic information from a person or a member of a person’s family;

(3) use the diagnosis of a genetic disease derived from a clinical interview and examination, but not derived from the results of a genetic test; or

(4) require genetic testing.

(b) As used in this section, “employment” includes application for employment, provided that subject to the underwriting limitations of section 9334 of this title, this subsection shall 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.

(c) No person shall 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 individual who is an employee, labor organization member, professional licensee, certificate holder, or registrant. (Added 1997, No. 160 (Adj. Sess.), § 5, eff. Jan. 1, 1999.)