Genetic Testing Law Summaries
Michigan, Genetic Testing Law Summaries
Michigan's genetic testing/information law was enacted by S. 815, L. 1999, effective March 14, 2000.
On November 21, 2007, Governor Jennifer Granholm signed Executive Directive No. 2007-24 (Equal Opportunity in State Employment). Genetic information is among the classes protected by the directive, which is summarized at ¶23-2500 .
DEFINITIONS
“Employee” does not include an individual employed in domestic service of any person (Sec. 37.1201, as amended by S. 815, L. 1999, effective March 14, 2000).
“Employer” means a person who has one or more employees or a person who as contractor or subcontractor is furnishing material or performing work for the state or a governmental entity or agency of the state and includes an agent of such a person (Sec. 37.1201, as amended by S. 815, L. 1999, effective March 14, 2000).
“Genetic information” means information about a gene, gene product, or inherited characteristic of an individual derived from the individual's family history or a genetic test (Sec. 37.1201, as amended by S. 815, L. 1999, effective March 14, 2000).
“Genetic test” means the analysis of human DNA, RNA, chromosomes, and those proteins and metabolites used to detect heritable or somatic disease-related genotypes or karotypes for clinical purposes. A genetic test must be generally accepted in the scientific and medical communities as being specifically determinative for the presence, absence, or mutation of a gene or chromosome in order to qualify under this definition. Genetic test does not include a routine physical examination or a routine analysis including, but not limited to, a chemical analysis of body fluids unless conducted specifically to determine the presence, absence or mutation of a gene or chromosome (Sec. 37.1201, as amended by S. 815, L. 1999, effective March 14, 2000).
WHAT THE EMPLOYER MUST DO
Except as otherwise required by federal law, an employer must not (Sec. 37.1202, as amended by S. 815, L. 1999, effective March 14, 2000):
fail or refuse to hire, recruit, or promote an individual because of genetic information that is unrelated to the individual's ability to perform the duties of a particular job or position;
discharge or otherwise discriminate against an individual with respect to compensation or the terms, conditions, or privileges of employment, because of genetic information that is unrelated to the individual's ability to perform the duties of a particular job or position;
limit, segregate, or classify an employee or applicant for employment in a way that deprives or tends to deprive an individual of employment opportunities or otherwise adversely affects the status of an employee because of genetic information that is unrelated to the individual's ability to perform the duties of a particular job or position;
require an individual to submit to a genetic test or to provide genetic information as a condition of employment or promotion.
The law as described above does not prohibit an individual from voluntarily providing to an employer genetic information that is related to the employee's health or safety in the workplace, nor does it prohibit an employer from using genetic information received from an employee to protect the employee's health and safety. The genetic testing/information law also does not apply to the employment of an individual by his or her parent, spouse, or child (Sec. 37.1202, as amended by S. 815, L. 1999, effective March 14, 2000).
Except as otherwise provided just above, no employer may directly or indirectly acquire or have access to any genetic information concerning an employee or applicant for employment, or a member of the employee's or applicant's family (Sec. 37.1202, as amended by S. 815, L. 1999, effective March 14, 2000).
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