Genetic testing or genetic characteristics as a condition of employment
VA employer genetic testing
Genetic · Employees
Bars employers from requesting, requiring, or administering genetic tests as a condition of employment and from taking adverse employment action based solely on a genetic characteristic or genetic test result, however obtained.
- Where
- Virginia
- Citation
- Va. Code § 40.1-28.7:1
- Status
- In force
- In force since
- 2002-07-01
- Enforced by
- Employees by private action (the Department of Labor and Industry is not required to investigate) (40.1-28.7:1(B)-(C))
- People can sue
- Yes
- Penalties
- Court may award actual or punitive damages, back pay with interest, or injunctive relief; suit must be filed within 180 days of the adverse action (40.1-28.7:1(B)).
- Applies to
- Employers in Virginia, as to employees and prospective employees
Practices it requires
- Do not request, require, solicit, or administer a genetic test as a condition of employment.Va. Code § 40.1-28.7:1(A)(1)
- Do not refuse to hire, fail to promote, discharge, or otherwise adversely affect employment solely because of a genetic characteristic or genetic test result.Va. Code § 40.1-28.7:1(A)(2)
Sources
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: Effective date inferred from Virginia's default July 1 effective date for regular-session acts; enacting bill page not checked. History: 2002, cc. 565, 659.
Research reference, not legal advice.