Minnesota Law on Genetic Testing

In 2008, Congress enacted the Genetic Information and Nondiscrimination Act (GINA), which prohibits genetic information discrimination in employment.  24 U.S.C. § 2000ff-1. While the passage of GINA was significant, Minnesota employers had already been restricted at that time regarding the administration or use of genetic testing for seven years.

In 2001, the Minnesota legislature enacted a similar statute regarding genetic testing in employment.  Minn. Stat. § 181.974.  That statute restricts an employer or employment agency from directly or indirectly (i) administering a genetic test or requesting, requiring, or collecting protected genetic information regarding a person as a condition of employment or (ii) affecting the terms or conditions of employment or terminating the employment of any person based on protected genetic information.  Further, no person is permitted to provide or interpret for any employer or employment agency protected genetic information on a current or prospective employee.  “Protected genetic information” means (i) information about a person’s genetic test or (ii) information about a genetic test of a blood relative of a person.

Unlike GINA which applies to employers with 15 or more employees, this state statute applies to employers with one or more employees in Minnesota.  The law does not apply to independent contractors.  The cost of non-compliance is significant.  A person may bring a civil action in which the court may award (i) up to three times actual damages suffered, (ii) punitive damages, (iii) reasonable costs and attorney fees, and (iv) injunctive or other equitable relief.

Takeaway:  Smaller employers who may not be covered by GINA should be aware that they are nonetheless restricted by the similar Minnesota law prohibiting genetic information testing.

About Michael Miller

Michael is a Chambers-rated attorney in Briggs and Morgan's Employment, Benefits, and Labor group and is head of the firm’s Employment Law Counseling and Compliance practice group. He has 25 years experience counseling employers to prevent unwanted litigation and advises companies of ongoing changes in federal, state and local employment law. Michael advises employers in all areas of employment law including discipline and discharge, leaves of absence, wage and hour compliance, non-compete and confidentiality agreements, affirmative action plans, background checking, and drug/alcohol testing. For Michael's full bio, click here.

Posted on July 21, 2014, in Discrimination and Harassment, Privacy Rights. Bookmark the permalink. Leave a comment.

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