FOR AN ACT ENTITLED, An Act to  prohibit employers from obtaining, seeking, or using genetic information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That chapter 60-2 be amended by adding thereto a NEW SECTION to read as follows:

     It is an unlawful employment practice for an employer to seek to obtain, to obtain, or to use genetic information, as defined in section 2 of this Act, of an employee or a prospective employee to distinguish between or discriminate against employees or prospective employees or restrict any right or benefit otherwise due or available to an employee or a prospective employee. Any employee or prospective employee claiming to be aggrieved by this unlawful employment practice may bring a civil suit for damages in circuit court. The court may award reasonable attorney fees and costs in addition to any judgment awarded to the employee or prospective employee.
     Section  2.  That chapter 60-2 be amended by adding thereto a NEW SECTION to read as follows:

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     For the purposes of this Act, genetic information is the information about an individual or family obtained from a genetic test or an individual's deoxyribonucleic acid (DNA) sample.