Bill Text: IL SB0318 | 2017-2018 | 100th General Assembly | Enrolled


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: (Enrolled) 2017-06-28 - Sent to the Governor [SB0318 Detail]

Download: Illinois-2017-SB0318-Enrolled.html



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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Genetic Information Privacy Act is amended
5by changing Section 25 as follows:
6 (410 ILCS 513/25)
7 Sec. 25. Use of genetic testing information by employers.
8 (a) An employer, employment agency, labor organization,
9and licensing agency shall treat genetic testing and genetic
10information in such a manner that is consistent with the
11requirements of federal law, including but not limited to the
12Genetic Information Nondiscrimination Act of 2008, the
13Americans with Disabilities Act, Title VII of the Civil Rights
14Act of 1964, the Family and Medical Leave Act of 1993, the
15Occupational Safety and Health Act of 1970, the Federal Mine
16Safety and Health Act of 1977, or the Atomic Energy Act of
171954.
18 (b) An employer may release genetic testing information
19only in accordance with this Act.
20 (c) An employer, employment agency, labor organization,
21and licensing agency shall not directly or indirectly do any of
22the 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,
26prospective employer, employment agency, labor organization,

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1or licensing agency, or its employees, agents, or members
2offering the person employment, labor organization membership,
3licensure, or any pay or benefit in return for taking a genetic
4test is prohibited.
5 (e) An employer shall not use genetic information or
6genetic testing in furtherance of a workplace wellness program
7benefiting employees unless (1) health or genetic services are
8offered by the employer, (2) the employee provides written
9authorization in accordance with Section 30 of this Act, (3)
10only the employee or family member if the family member is
11receiving genetic services and the licensed health care
12professional or licensed genetic counselor involved in
13providing such services receive individually identifiable
14information concerning the results of such services, and (4)
15any individually identifiable information is only available
16for purposes of such services and shall not be disclosed to the
17employer except in aggregate terms that do not disclose the
18identity of specific employees. An employer shall not penalize
19an employee who does not disclose his or her genetic
20information or does not choose to participate in a program
21requiring disclosure of the employee's genetic information.
22 (f) Nothing in this Act shall be construed to prohibit
23genetic testing of an employee who requests a genetic test and
24who provides written authorization, in accordance with Section
2530 of this Act, from taking a genetic test for the purpose of
26initiating a workers' compensation claim under the Workers'

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1Compensation Act.
2 (g) A purchase of commercially and publicly available
3documents, including newspapers, magazines, periodicals, and
4books but not including medical databases or court records or
5inadvertently requesting family medical history by an
6employer, employment agency, labor organization, and licensing
7agency does not violate this Act.
8 (h) Nothing in this Act shall be construed to prohibit an
9employer that conducts DNA analysis for law enforcement
10purposes as a forensic laboratory and that includes such
11analysis in the Combined DNA Index System pursuant to the
12federal Violent Crime Control and Law Enforcement Act of 1994
13from requesting or requiring genetic testing or genetic
14information of such employer's employees, but only to the
15extent that such genetic testing or genetic information is used
16for analysis of DNA identification markers for quality control
17to detect sample contamination.
18 (i) Nothing in this Act shall be construed to prohibit an
19employer from requesting or requiring genetic information to be
20used for genetic monitoring of the biological effects of toxic
21substances in the workplace, but only if (1) the employer
22provides written notice of the genetic monitoring to the
23employee; (2) the employee provides written authorization
24under Section 30 of this Act or the genetic monitoring is
25required by federal or State law; (3) the employee is informed
26of individual monitoring results; (4) the monitoring is in

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1compliance with any federal genetic monitoring regulations or
2State genetic monitoring regulations under the authority of the
3federal Occupational Safety and Health Act of 1970; and (5) the
4employer, excluding any health care provider, health care
5professional, or health facility that is involved in the
6genetic monitoring program, receives the results of the
7monitoring only in aggregate terms that do not disclose the
8identity of specific employees.
9 (j) Despite lawful acquisition of genetic testing or
10genetic information under subsections (e) through (i) of this
11Section, an employer, employment agency, labor organization,
12and licensing agency still may not use or disclose the genetic
13test 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
16interpret for an employer, employment agency, labor
17organization, or licensing agency, or its employees, agents, or
18members, a genetic test of an employee, labor organization
19member, or license holder, or of a prospective employee,
20member, or license holder.
21(Source: P.A. 98-1046, eff. 1-1-15.)
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