HR Alert

Illinois Amends State Genetic Information Privacy Act

Amendment Effective January 1, 2018

Illinois has amended the state Genetic Information Privacy Act (GIPA). A summary of the amendment is presented below.

Amended Law
Under the amendment, an employer is prohibited from penalizing an employee who does not disclose his or her genetic information or does not choose to participate in a program requiring disclosure of the employee's genetic information.

Under existing law, employers are generally prohibited from using genetic information or genetic testing in furtherance of a workplace wellness program benefiting employees, unless certain conditions (section: e) are met.

Background
Under GIPA, employers must treat genetic testing and genetic information in such a manner that is consistent with the requirements of federal law (e.g., GINA, the ADA, Title VII of the Civil Rights Act, the FMLA, and OSHA).

Among other things, employers are prohibited from soliciting, requesting, requiring, or purchasing genetic testing or genetic information of a person (or a family member), or administering a genetic test to a person (or a family member) as a condition of employment or preemployment application.

The amended law goes into effect on January 1, 2018. Click here to read the text of the law. Employers with questions about the law's impact on employee benefits or workplace policies and practices should contact a knowledgeable employment law attorney.


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