Utah restricts usage of genetic information

Utah has enacted legislation (Senate Bill 144) that prohibits employers from accessing or inquiring about an employee’s private genetic information or discriminating on the basis of genetic information or procedures. Senate Bill 144 is effective immediately.

The Details:

Amended Definitions:

The law expands the following terms:

• DNA is expanded to include proteins, enzymes, or other molecules that are associated with a genetic process that may be modified or replaced in function by a medical procedure.
• Genetic analysis is expanded to include the detection of an individual’s DNA.
• A genetic procedure is any therapy, treatment, or medical procedure that is intended to add, remove, alter, activate, change or cause mutation in an individual’s inherited DNA; or replace, supersede or bypass a normal DNA function.

Prohibited Actions:

The law also prohibits an employer from:

• Requesting or requiring an individual or their relative to undergo a genetic test or genetic procedure in connection with employment decisions, such as hiring, promotional, retention or related reasons; or
• Inquiring about or considering whether an individual or their relative has taken or refused to take a genetic test or who had or refused to have a genetic procedure.

Note: Individuals who experienced covered incidents after June 30, 2003 may file claims.

Next Steps:

Utah Employers should review their policies and procedures to ensure compliance with Senate Bill 144.