Senate Bill No. 16–Committee on Judiciary

Prefiled January 18, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Prohibits discrimination in employment based on genetic testing. (BDR 53-56)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to genetic information; providing that it is an unlawful employment practice for an employer, a labor organization or an employment agency to discriminate against a person based on genetic information; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 613 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. It is an unlawful employment practice for an employer, a labor

1-4 organization or an employment agency:

1-5 (a) Except as otherwise provided in subsection 2, to ask or encourage a

1-6 prospective or current employee or member of the labor organization to

1-7 submit to a genetic test.

1-8 (b) To require or administer a genetic test to a person as a condition of

1-9 employment or membership in the labor organization.

1-10 (c) To deny employment or membership in the labor organization

1-11 based on genetic information.

1-12 (d) To alter the terms, conditions or privileges of employment or

1-13 membership in the labor organization based on genetic information.

1-14 (e) To terminate employment or membership in the labor organization

1-15 based on genetic information.

1-16 2. It is not an unlawful employment practice for an employer or

1-17 employment agency to request that a person submit to a genetic test to:

2-1 (a) Assist in the investigation of a workers’ compensation claim; or

2-2 (b) Determine the susceptibility or level of exposure of the employee to

2-3 a potentially toxic chemical or other substance in the workplace.

2-4 3. An employer or employment agency which requests that a person

2-5 submit to a genetic test pursuant to subsection 2 shall ensure that the

2-6 person provides written and informed consent before the genetic test is

2-7 performed.

2-8 4. As used in this section:

2-9 (a) "Genetic information" means information that is obtained from a

2-10 genetic test.

2-11 (b) "Genetic test" means a test, including, without limitation, a

2-12 laboratory test that uses deoxyribonucleic acid extracted from the cells of

2-13 a person or a diagnostic test, which determines the presence of an

2-14 abnormality or deficiency that:

2-15 (1) Is linked to a physical or mental disorder or impairment; or

2-16 (2) Indicates a susceptibility to an illness, a disease, an impairment

2-17 or another physical or mental disorder.

2-18 Sec. 2. NRS 613.310 is hereby amended to read as follows:

2-19 613.310 As used in NRS 613.310 to 613.435, inclusive, and section 1

2-20 of this act, unless the context otherwise requires:

2-21 1. "Disability" means, with respect to a person:

2-22 (a) A physical or mental impairment that substantially limits one or more

2-23 of the major life activities of the person;

2-24 (b) A record of such an impairment; or

2-25 (c) Being regarded as having such an impairment.

2-26 2. "Employer" means any person who has 15 or more employees for

2-27 each working day in each of 20 or more calendar weeks in the current or

2-28 preceding calendar year, but does not include:

2-29 (a) The United States or any corporation wholly owned by the United

2-30 States.

2-31 (b) Any Indian tribe.

2-32 (c) Any private membership club exempt from taxation pursuant to

2-33 section 501(c) of the Internal Revenue Code of 1954.

2-34 3. "Employment agency" means any person regularly undertaking with

2-35 or without compensation to procure employees for an employer or to

2-36 procure for employees opportunities to work for an employer, but does not

2-37 include any agency of the United States.

2-38 4. "Labor organization" means any organization of any kind, or any

2-39 agency or employee representation committee or plan, in which employees

2-40 participate and which exists for the purpose, in whole or in part, of dealing

2-41 with employers concerning grievances, labor disputes, wages, rates of pay,

2-42 hours of employment or other conditions of employment.

3-1 5. "Person" includes the State of Nevada and any of its political

3-2 subdivisions.

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