Idaho
Name of Article | Specific Clauses or the Law | Scope | Mapping |
---|---|---|---|
IC §39-8301 et seq.-Identity Theft Protection Act (2003) | 39-8303. RESTRICTIONS ON EMPLOYERS.
(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. (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. (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.39-8304. ENFORCEMENT. (1) Whenever the attorney general has reason to believe that any employer is engaging, has engaged, or is about to engage in any act in violation of this chapter, the attorney general may bring an action in the name of the state against that employer: (a) To obtain a declaratory judgment that the act violates the provisions of this chapter; (b) To enjoin any act that violates the provisions of this chapter by issuance of a temporary restraining order or preliminary or permanent injunction, without bond, upon the giving of appropriate notice; (c) To recover on behalf of the state and its agencies actual damages or restitution; or (d) To recover civil penalties of up to twenty-five thousand dollars ($25,000) per violation and reasonable expenses, investigative costs and attorney’s fees. (2) The penalties provided in this section are in addition to any other available remedy at law or equity. (3) Any civil penalty imposed pursuant to this section shall be deposited in the state general fund. |
Genetic | 39-8303.- (1)-decisional interference, (2)(b)-disclosure |