Virginia § 40.1-28.7:1 - Genetic testing or genetic characteristics as a condition of employment
Full text of Virginia Code of Virginia § 40.1-28.7:1 — Genetic testing or genetic characteristics as a condition of employment, with citation guidance and answers to common questions.
§ 40.1-28.7:1. Genetic testing or genetic characteristics as a condition of employment
A. No employer shall:
1. Request, require, solicit or administer a genetic test, as defined in § 38.2-508.4, to any person as a condition of employment; or
2. Refuse to hire, fail to promote, discharge or otherwise adversely affect any terms or conditions of employment of any employee or prospective employee solely on the basis of a genetic characteristic, as defined in § 38.2-508.4, or the results of a genetic test, regardless of how the employer obtained such information or results. Nothing in this section shall preclude the use of information related to a criminal investigation.
B. The employee may bring an action in a court of competent jurisdiction over the employer who took adverse action against the employee in violation of this section. Any such action shall be brought within 180 days from the date of the adverse action. The court may, in its discretion, award actual or punitive damages, including back pay with interest at the judgment rate as provided in § 6.2-302, or injunctive relief.
C. Nothing in this section shall be construed to require the Department of Labor and Industry to conduct any investigations or enforcement actions.
D. As used in subdivision A 2 of this section, "terms and conditions of employment" shall not include any long term care, life or disability insurance policy.
Source: official Virginia text · Last verified 2026-08-27
Frequently Asked Questions About Virginia § 40.1-28.7:1
What does Code of Virginia § 40.1-28.7:1 cover?
Section 40.1-28.7:1 ("Genetic testing or genetic characteristics as a condition of employment") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 40.1-28.7:1?
A common citation format is "Code of Virginia § 40.1-28.7:1" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 40.1-28.7:1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.