{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-3614.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-3614.2","heading":"Genetic nondiscrimination in employment","body":"A. This section shall be known and may be cited as the \"Genetic\n\nNondiscrimination in Employment Act\".\n\nB. For purposes of the Genetic Nondiscrimination in Employment\n\nAct:\n\n1. \"DNA\" means deoxyribonucleic acid;\n\n2. \"Employer\" means employer as such term is defined in Section\n\n3(d) of the Fair Labor Standards Act of 1938, 29 U.S.C., Section\n\n203(d);\n\n3. \"Genetic information\" means information derived from the\n\nresults of a genetic test. Genetic information shall not include\n\nfamily history, the results of a routine physical examination or\n\ntest, the results of a chemical, blood or urine analysis, the\n\nresults of a test to determine drug use, the results of a test for\n\nthe presence of the human immunodeficiency virus, or the results of\n\nany other test commonly accepted in clinical practice at the time it\n\nis ordered by the insurer;\n\n4. \"Genetic test\" means a laboratory test of the DNA, RNA, or\n\nchromosomes of an individual for the purpose of identifying the\n\npresence or absence of inherited alterations in the DNA, RNA, or\n\nchromosomes that cause a predisposition for a clinically recognized\n\ndisease or disorder. \"Genetic test\" shall not include:\n\na. a routine physical examination or a routine test\n\nperformed as a part of a physical examination,\n\nb. a chemical, blood, or urine analysis,\n\nc. a test to determine drug use,\n\nd. a test for the presence of the human immunodeficiency\n\nvirus, or\n\ne. any other test commonly accepted in clinical practice\n\nat the time it is ordered by the insurer; and\n\n5. \"RNA\" means ribonucleic acid.\n\nC. For purposes of distinguishing between or discriminating\n\nagainst or restricting any right or benefit otherwise due or\n\navailable to an employee or prospective employee, other than in\n\nconnection with the determination of insurance coverage or benefits,\n\nno employer shall:\n\n1. Seek to obtain, or use a genetic test or genetic information\n\nof the employee or the prospective employee; or\n\n2. Require a genetic test of or require genetic information\n\nfrom the employee or prospective employee.\n\nD. Any employer violating the provisions of this section, upon\n\nconviction thereof, shall be guilty of a misdemeanor and may be\n\npunished by a fine of not more than Twenty-five Thousand Dollars\n\n($25,000.00) or by imprisonment in the county jail for not more than\n\none (1) year, or by both fine and imprisonment.\n\nE. Notwithstanding any language in this section to the\n\ncontrary, this section shall not apply to an insurer or to an\n\nindividual or third-party dealing with an insurer in the ordinary\n\ncourse of underwriting, conducting, or administering the business of\n\nlife, disability income, or long-term care insurance, including, but\n\nnot limited to, actions taken by an insurer or to an individual or\n\nthird-party dealing with an insurer in connection with life,\n\ndisability income, or long-term care insurance made available by an\n\nemployer to its employees.","path":["OK Code","Title 36"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os36.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"5330b83078111770ba1f1b2e26ff6e053f8366c696c09c532d1028bcb7f0bf77","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-3614.1","next":"us-ok/okla.-stat.-tit.-36-36-3614.3"},"notice":"GroundRules: Original legal text. Not legal advice."}