<?xml version='1.0' encoding='utf-8'?>
<article heading="Article Xvi. Employee Health Care Privacy.">
  <section heading="Sec. 27-86. Prospective Employees – Health Care Privacy.">
    <paragraph indent="1">(a)   Definitions. As used in this section:</paragraph>
    <paragraph indent="1">Americans with Disabilities Act means the federal Americans with Disabilities Act of 1990, as amended.</paragraph>
    <paragraph indent="1">Applicant means an individual seeking or applying for employment by an employer.</paragraph>
    <paragraph indent="1">Business-related health information means health care information that is necessary to evaluate whether an applicant meets a minimum qualification for a position.</paragraph>
    <paragraph indent="1">Director has the meaning stated in Section 27-6.</paragraph>
    <paragraph indent="1">Employee has the meaning stated in Section 27-6.</paragraph>
    <paragraph indent="1">Employer has the meaning stated in Section 27-6.</paragraph>
    <paragraph indent="1">Health care means any care, treatment, or procedure by a health care provider:</paragraph>
    <paragraph indent="2">(1)   to diagnose, evaluate, rehabilitate, manage, treat, or maintain the physical or mental condition of a patient or recipient; or</paragraph>
    <paragraph indent="2">(2)   that affects the structure or any function of the human body.</paragraph>
    <paragraph indent="1">Health care information means any individually identifiable information related to health care.</paragraph>
    <paragraph indent="1">Minimum qualification means a mandatory qualification that:</paragraph>
    <paragraph indent="2">(1)   must be met to perform the required job functions of the position; and</paragraph>
    <paragraph indent="2">(2)   was posted publicly prior to the acceptance of any application for the position.</paragraph>
    <paragraph indent="1">Sexual and reproductive health information means health care information related to any aspect of reproductive health, including abortion care, miscarriage, contraception, sterilization, pregnancy, sexually transmitted disease, fertility treatment, gender affirming care, and family planning.</paragraph>
    <paragraph indent="1">(b)   Requesting or considering health care information – Limitations.  Except as provided in subsection (d), an employer must not:</paragraph>
    <paragraph indent="2">(1)   request or seek health care information regarding an applicant; or</paragraph>
    <paragraph indent="2">(2)   consider health care information as a factor in determining whether to hire an applicant.</paragraph>
    <paragraph indent="1">(c)   Requesting reproductive health information – Prohibited.  The employer must not request or consider an applicant’s sexual and reproductive health information.</paragraph>
    <paragraph indent="1">(d)   This Section does not prohibit:</paragraph>
    <paragraph indent="2">(1)   an employer from requesting or seeking business-related health care information;</paragraph>
    <paragraph indent="2">(2)   an employer from considering business-related health care information solely to determine whether an applicant meets a minimum qualification;</paragraph>
    <paragraph indent="2">(3)   an applicant from voluntarily submitting, or an employer from processing, a request for a reasonable accommodation under the Americans with Disabilities Act related to the job application process; or</paragraph>
    <paragraph indent="2">(4)   if the applicant is already employed by the employer, an applicant from disclosing, or the employer from requesting, health care information necessary for:</paragraph>
    <paragraph indent="3">(A)   enrolling in or processing employee benefits;</paragraph>
    <paragraph indent="3">(B)   making or processing workers’ compensation claims;</paragraph>
    <paragraph indent="3">(C)   making or processing leave requests; or</paragraph>
    <paragraph indent="3">(D)   complying with applicable state or federal law.</paragraph>
    <paragraph indent="1">(e)   An applicant aggrieved under this section may file a complaint with the Director under Section 27-7.</paragraph>
  </section>
</article>