(a) Definitions. As used in this section:
Americans with Disabilities Act means the federal Americans with Disabilities Act of 1990, as amended.
Applicant means an individual seeking or applying for employment by an employer.
Business-related health information means health care information that is necessary to evaluate whether an applicant meets a minimum qualification for a position.
Director has the meaning stated in Section 27-6.
Employee has the meaning stated in Section 27-6.
Employer has the meaning stated in Section 27-6.
Health care means any care, treatment, or procedure by a health care provider:
(1) to diagnose, evaluate, rehabilitate, manage, treat, or maintain the physical or mental condition of a patient or recipient; or
(2) that affects the structure or any function of the human body.
Health care information means any individually identifiable information related to health care.
Minimum qualification means a mandatory qualification that:
(1) must be met to perform the required job functions of the position; and
(2) was posted publicly prior to the acceptance of any application for the position.
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.
(b) Requesting or considering health care information – Limitations. Except as provided in subsection (d), an employer must not:
(1) request or seek health care information regarding an applicant; or
(2) consider health care information as a factor in determining whether to hire an applicant.
(c) Requesting reproductive health information – Prohibited. The employer must not request or consider an applicant’s sexual and reproductive health information.
(d) This Section does not prohibit:
(1) an employer from requesting or seeking business-related health care information;
(2) an employer from considering business-related health care information solely to determine whether an applicant meets a minimum qualification;
(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
(4) if the applicant is already employed by the employer, an applicant from disclosing, or the employer from requesting, health care information necessary for:
(A) enrolling in or processing employee benefits;
(B) making or processing workers’ compensation claims;
(C) making or processing leave requests; or
(D) complying with applicable state or federal law.
(e) An applicant aggrieved under this section may file a complaint with the Director under Section 27-7. (2024 L.M.C., ch. 6, §1.)