111.372 Use of genetic testing in employment situations.
(1) No employer, labor organization, employment agency or licensing agency may directly or indirectly:
(a) Solicit, require or administer a genetic test to any person as a condition of employment, labor organization membership or licensure.
(b) Affect the terms, conditions or privileges of employment, labor organization membership or licensure or terminate the employment, labor organization membership or licensure of any person who obtains a genetic test.
(2) Except as provided in sub. (4), no person may sell to or interpret for an employer, labor organization, employment agency or licensing agency a genetic test of an employee, labor organization member or licensee or of a prospective employee, labor organization member or licensee.
(3) Any agreement between an employer, labor organization, employment agency or licensing agency and another person offering employment, labor organization membership, licensure or any pay or benefit to that person in return for taking a genetic test is prohibited.
(4) This section does not prohibit the genetic testing of an employee who requests a genetic test and who provides written and informed consent to taking a genetic test for any of the following purposes:
(a) Investigating a worker's compensation claim under ch. 102.
(b) Determining the employee's susceptibility or level of exposure to potentially toxic chemicals or potentially toxic substances in the workplace, if the employer does not terminate the employee, or take any other action that adversely affects any term, condition or privilege of the employee's employment, as a result of the genetic test.
History: 1991 a. 117.
The New Genetic World and the Law. Derse. Wis. Law. Apr. 2001.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 111 - Employment relations.
111.05 - Representatives and elections.
111.06 - What are unfair labor practices.
111.07 - Prevention of unfair labor practices.
111.08 - Financial reports to employees.
111.09 - Rules, orders, transcripts, training programs and fees.
111.115 - Notice of certain proposed strikes.
111.12 - Duties of the attorney general and district attorneys.
111.15 - Construction of subchapter I.
111.17 - Conflict of provisions; effect.
111.18 - Limit on payment to health care institutions.
111.19 - Title of subchapter I.
111.31 - Declaration of policy.
111.3205 - Franchisors excluded.
111.321 - Prohibited bases of discrimination.
111.322 - Discriminatory actions prohibited.
111.325 - Unlawful to discriminate.
111.33 - Age; exceptions and special cases.
111.335 - Arrest or conviction record; exceptions and special cases.
111.337 - Creed; exceptions and special cases.
111.34 - Disability; exceptions and special cases.
111.345 - Marital status; exceptions and special cases.
111.35 - Use or nonuse of lawful products; exceptions and special cases.
111.355 - Military service; exceptions and special cases.
111.36 - Sex, sexual orientation; exceptions and special cases.
111.365 - Communication of opinions; exceptions and special cases.
111.37 - Use of honesty testing devices in employment situations.
111.371 - Local ordinance; collective bargaining agreements.
111.372 - Use of genetic testing in employment situations.
111.375 - Department to administer.
111.38 - Investigation and study of discrimination.
111.39 - Powers and duties of department.
111.50 - Declaration of policy.
111.52 - Settlement of labor disputes through collective bargaining and arbitration.
111.53 - Appointment of conciliators and arbitrators.
111.55 - Conciliator unable to effect settlement; appointment of arbitrators.
111.56 - Existing state of affairs to be maintained.
111.57 - Arbitrator to hold hearings.
111.58 - Standards for arbitration.
111.59 - Filing order with clerk of circuit court; period effective; retroactivity.
111.60 - Judicial review of order of arbitrator.
111.61 - Commission to establish rules.
111.62 - Strikes, work stoppages, slowdowns, lockouts, unlawful; penalty.
111.70 - Municipal employment.
111.77 - Settlement of disputes.
111.825 - Collective bargaining units.
111.83 - Representatives and elections.
111.84 - Unfair labor practices.
111.845 - Wage deduction prohibition.
111.85 - Fair-share and maintenance of membership agreements.
111.86 - Grievance arbitration.
111.91 - Subjects of bargaining.
111.93 - Effect of labor organization; status of existing benefits and rights.
111.935 - Representatives and elections for research assistants.