Human Rights Genetic Information Amendment Act of 2001
Bill 14-32

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A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

To amend the Human Rights Act of 1977 to prohibit employment discrimination based on actual or perceived genetic information; to prohibit an employer, employment agency, or labor organization from requesting or requiring a genetic test of, or administering a genetic test to, an employee or applicant for employment or membership; to prohibit an employer, employment agency, or labor organization from seeking to obtain, obtaining, or using genetic information of an employee or applicant for employment; and to provide an exemption that allows the use of genetic testing or information with the written and informed consent of the employee or applicant for employment to determine the existence of a bona fide occupational qualification, investigate a workers' compensation or disability compensation claim, or determine an employee's susceptibility or exposure to potentially toxic substances in the workplace.

Councilmembers Kathy Patterson and Jim Graham introduced the following legislation, which was referred to the Committee of the Whole and Subcommittee on Human Rights, Latino Affairs, and Property Management.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Human Rights Genetic Information Amendment Act of 2001 ".

Sec. 2. The Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Code § 1-2501 et seq.), is amended as follows:

(a) Section 101 (D.C. Code § 1-2501) is amended by adding the phrase "genetic information," after the phrase "disability,"

(b) Section 102 (D.C. Code § 1-2502) is amended by adding new subsections (1-1), (1-2), and (1-3) to read as follows:

"(1-1) "Genetic characteristic" means the presence of any gene, chromosome, protein, or certain metabolites that indicate or confirm that an individual has a mutation or other genotype that is scientifically or medically believed to cause a disease, disorder, or syndrome, or is associated with a statistically significant risk of developing a disease, disorder, or syndrome.

"(1-2) "Genetic information" means information about the genetic characteristics of an :individual or relatives to whom the employee is biologically related that is obtained by a genetic test. or perceived information about the genetic characteristics of an individual or relatives to whom the employee is biologically related.".

"(1-3) "Genetic test" means a laboratory test of human chromosomes, genes, gene products, or genetic characteristics that is used to identify the presence or absence of inherited or congenital alterations in genetic material that are associated with disease or illness.".

(c) Section 103 (D.C. Code § 1-2503) is amended by adding subsections (e) and (f) to read as follows:

"(e) Nothing in this act shall prohibit an employer, an employment agency, or a labor organization from seeking, obtaining, or using genetic information to determine the existence of a bona fide occupational qualification reasonably necessary to the normal operation of an employer's business or enterprise; provided, that the employee or applicant for employment provides, in writing, his or her informed consent, the genetic information is provided to the employee or applicant for employment in writing as soon as it is available, and the genetic information is not disclosed to any other person.

"(f) Nothing in this act shall prohibit an employer from seeking, obtaining, or using genetic information about an employee to (1) investigate a workers' compensation or disability compensation claim, or (2) determine an employee's susceptibility or level of exposure to potentially toxic substances in the workplace; provided, that the employee provides, in writing, his or her informed consent, and the genetic information is provided to the employee in writing as soon as it is available.".

(d) Section 211 (D.C. Code §1-2512) is amended as follows:

(1) Subsection (a) is amended as follows:

(A) The lead-in sentence is amended by adding the phrase "genetic information," after the phrase "disability,".

(B) Paragraph 4(B) is amended by adding the phrase "genetic information," after the phrase "disability,".

(C) Paragraph 4 is amended by adding a new subparagraph (C) to read as follows: "(C) To request or require a genetic test of, or administer a genetic test to, any individual as a condition of employment, application for employment, or membership, or to seek to obtain, obtain, or use genetic information of an employee or applicant for employment or membership.".

(2) Subsection (b) is amended by adding the phrase "genetic information," after the phrase "disability,".

Sec. 3. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code § 1-233 (c)(3)).

Sec. 4. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor. action by the Council to override the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in section 203(x) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 116: D.C. Code §47-392.3(x)), a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 187 Stat. 813; D.C. Code §1-233(c)(1)), and publication in the District of Columbia Register.