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

MISSOURI STATUTES AND CODES

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

Genetic information, prohibited uses by employers--penalty forviolation.

375.1306. 1. An employer shall not use any genetic information orgenetic test results, as those terms are defined in subdivisions (3) and(4) of section 375.1300, of an employee or prospective employee todistinguish between, discriminate against, or restrict any right or benefitotherwise due or available to such employee or prospective employee. Therequirements 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 orprospective employee or such person's authorized representative; or

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

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

3. If the director believes that a person has engaged, is engagingin, or has taken a substantial step toward engaging in an act, practice orcourse of business constituting a violation of this section or a ruleadopted or order issued pursuant thereto, or that a person has materiallyaided or is materially aiding an act, practice, omission, or course ofbusiness constituting a violation of this section or a rule adopted ororder issued pursuant thereto, the director may maintain a civil action forrelief authorized under section 374.048, RSMo. A violation of any of thesesections is a level two violation under section 374.049, RSMo.