40.1-28.7:1 - Genetic testing or genetic characteristics as a condition of employment - Virginia Statutes

§ 40.1-28.7:1. Genetic testing or genetic characteristics as a condition ofemployment.

A. No employer shall:

1. Request, require, solicit or administer a genetic test, as defined in §38.2-508.4, to any person as a condition of employment; or

2. Refuse to hire, fail to promote, discharge or otherwise adversely affectany terms or conditions of employment of any employee or prospective employeesolely on the basis of a genetic characteristic, as defined in § 38.2-508.4,or the results of a genetic test, regardless of how the employer obtainedsuch information or results. Nothing in this section shall preclude the useof information related to a criminal investigation.

B. The employee may bring an action in a court of competent jurisdiction overthe employer who took adverse action against the employee in violation ofthis section. Any such action shall be brought within 180 days from the dateof the adverse action. The court may, in its discretion, award actual orpunitive damages, including back pay with interest at the judgment rate asprovided in § 6.1-330.54, or injunctive relief.

C. Nothing in this section shall be construed to require the Department ofLabor and Industry to conduct any investigations or enforcement actions.

D. As used in subdivision A 2 of this section, "terms and conditions ofemployment" shall not include any long term care, life or disabilityinsurance policy.

(2002, cc. 565, 659.)