2005 Idaho Code - 39-8303 — RESTRICTIONS ON EMPLOYERS

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 83
                         GENETIC TESTING PRIVACY ACT
    39-8303.  RESTRICTIONS ON EMPLOYERS. (1) Except as provided in subsection
(2) of this section, an employer shall not, in connection with a hiring,
promotion, retention or other related decision:
    (a)  Access or otherwise take into consideration private genetic
    information about an individual;
    (b)  Request or require an individual to consent to a release for the
    purpose of accessing private genetic information about the individual;
    (c)  Request or require an individual or his blood relative to submit to a
    genetic test; or
    (d)  Inquire into the fact that an individual or his blood relative has
    taken or refused to take a genetic test.
    (2)  (a) Notwithstanding the provisions of subsection (1) of this section,
    an employer may seek an order compelling the disclosure of private genetic
    information held by an individual or third party pursuant to subsection
    (2)(b) of this section in connection with:
         (i)   An employment-related judicial or administrative proceeding in
         which the individual has placed his health at issue; or
         (ii)  An employment-related decision in which the employer has a
         reasonable basis to believe that the individual's health condition
         poses a real and unjustifiable safety risk requiring the change or
         denial of an assignment.
    (b)  (i)   An order compelling the disclosure of private genetic
         information pursuant to this subsection (2) may only be entered upon
         a finding that:
              (A)  Other ways of obtaining the private information are not
              available or would not be effective; and
              (B)  There is a compelling need for the private genetic
              information which substantially outweighs the potential harm to
              the privacy interests of the individual.
         (ii)  An order compelling the disclosure of private genetic
         information pursuant to this subsection (2) shall:
              (A)  Limit disclosure to those parts of the record containing
              information essential to fulfill the objective of the order;
              (B)  Limit disclosure to those persons whose need for the
              information is the basis of the order; and
              (C)  Include such other measures as may be necessary to limit
              disclosure for the protection of the individual.