Privacy Law Library

Genetic testing or genetic characteristics as a condition of employment

VA employer genetic testing

Genetic · Employees

Bars employers from requesting, requiring, or administering genetic tests as a condition of employment and from taking adverse employment action based solely on a genetic characteristic or genetic test result, however obtained.

Where

Virginia

Citation

Va. Code § 40.1-28.7:1

Status

In force

In force since

2002-07-01

Enforced by

Employees by private action (the Department of Labor and Industry is not required to investigate) (40.1-28.7:1(B)-(C))

People can sue

Yes

Penalties

Court may award actual or punitive damages, back pay with interest, or injunctive relief; suit must be filed within 180 days of the adverse action (40.1-28.7:1(B)).

Applies to

• Employers in Virginia, as to employees and prospective employees