375.1306. Genetic information, prohibited uses by employers — penalty for violation.

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375.1306. Genetic information, prohibited uses by employers — penalty for violation. — 1. An employer shall not use any genetic information or genetic test results, as those terms are defined in subdivisions

(3)and

(4)of section 375.1300 , of an employee or prospective employee to distinguish between, discriminate against, or restrict any right or benefit otherwise due or available to such employee or prospective employee. The requirements of this section shall not prohibit:

(1)Underwriting in connection with individual or group life, disability income or long-term care insurance;

(2)Any action required or permissible by law or regulation;

(3)Action taken with the written permission of an employee or prospective employee or such person's authorized representative; or

(4)The use of genetic information when such information is directly related to a person's ability to perform assigned job responsibilities.

2. If the director determines that a person has engaged, is engaging in, or has taken a substantial step toward engaging in an act, practice or course of business constituting a violation of this section or a rule adopted or order issued pursuant thereto, or that a person has materially aided or is materially aiding an act, practice, omission, or course of business constituting a violation of this section or a rule adopted or order issued pursuant thereto, the director may issue such administrative orders as authorized under section 374.046 . A violation of any of these sections is a level two violation under section 374.049 .

3. If the director believes that a person has engaged, is engaging in, or has taken a substantial step toward engaging in an act, practice or course of business constituting a violation of this section or a rule adopted or order issued pursuant thereto, or that a person has materially aided or is materially aiding an act, practice, omission, or course of business constituting a violation of this section or a rule adopted or order issued pursuant thereto, the director may maintain a civil action for relief authorized under section 374.048 . A violation of any of these sections is a level two violation under section 374.049 .

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(L. 1998 S.B. 722 § 4, A.L. 2007 S.B. 66)