Senate Bill No. 16–Committee on Judiciary

Prefiled January 18, 1999

____________

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.

~

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) To ask or encourage a prospective or current employee or member

1-6 of the labor organization to submit to a genetic test.

1-7 (b) To require or administer a genetic test to a person as a condition of

1-8 employment or membership in the labor organization.

1-9 (c) To deny employment or membership in the labor organization

1-10 based on genetic information.

1-11 (d) To alter the terms, conditions or privileges of employment or

1-12 membership in the labor organization based on genetic information.

1-13 (e) To terminate employment or membership in the labor organization

1-14 based on genetic information.

1-15 2. As used in this section:

1-16 (a) "Genetic information" means information that is obtained from a

1-17 genetic test.

2-1 (b) "Genetic test" means a test that uses deoxyribonucleic acid

2-2 extracted from the cells of a person, or a diagnostic test that uses another

2-3 substance extracted or otherwise obtained from the body of a person,

2-4 which determines the presence of an abnormality or deficiency that:

2-5 (1) Is linked to a physical or mental disorder or impairment; or

2-6 (2) Indicates a susceptibility to an illness, a disease, an impairment

2-7 or another physical or mental disorder.

2-8 The term does not include a test to determine the presence of alcohol or a

2-9 controlled substance in the system of the person tested.

2-10 Sec. 2. NRS 613.310 is hereby amended to read as follows:

2-11 613.310 As used in NRS 613.310 to 613.435, inclusive, and section 1

2-12 of this act, unless the context otherwise requires:

2-13 1. "Disability" means, with respect to a person:

2-14 (a) A physical or mental impairment that substantially limits one or more

2-15 of the major life activities of the person;

2-16 (b) A record of such an impairment; or

2-17 (c) Being regarded as having such an impairment.

2-18 2. "Employer" means any person who has 15 or more employees for

2-19 each working day in each of 20 or more calendar weeks in the current or

2-20 preceding calendar year, but does not include:

2-21 (a) The United States or any corporation wholly owned by the United

2-22 States.

2-23 (b) Any Indian tribe.

2-24 (c) Any private membership club exempt from taxation pursuant to

2-25 section 501(c) of the Internal Revenue Code of 1954.

2-26 3. "Employment agency" means any person regularly undertaking with

2-27 or without compensation to procure employees for an employer or to

2-28 procure for employees opportunities to work for an employer, but does not

2-29 include any agency of the United States.

2-30 4. "Labor organization" means any organization of any kind, or any

2-31 agency or employee representation committee or plan, in which employees

2-32 participate and which exists for the purpose, in whole or in part, of dealing

2-33 with employers concerning grievances, labor disputes, wages, rates of pay,

2-34 hours of employment or other conditions of employment.

2-35 5. "Person" includes the State of Nevada and any of its political

2-36 subdivisions.

~