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States have a patchwork
of genetic-information nondiscrimination laws, none of them comprehensive.
Existing state laws differ in coverage, protections afforded,
and enforcement schemes.
Some of the
first state laws enacted to address this issue prohibited discrimination
against individuals with specific genetic traits or disorders.
Other state laws regulate both the use of genetic testing in employment
decisions and the disclosure of genetic test results. These state
laws generally prohibit employers from requiring workers and applicants
to undergo genetic testing as a condition of employment. Some
states permit genetic testing when it is requested by the worker
or applicant for the purpose of investigating a compensation claim
or determining the worker's susceptibility to potentially toxic
chemicals in the workplace. These statutes often require the worker
to provide informed written consent for such testing, contain
specific restrictions governing disclosure, and prevent the employer
from taking adverse action against the employee.
Catherine
Baker
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