It shall be an unlawful employment practice for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs-
It shall be an unlawful employment practice for an employer, labor organization, or joint labor-management committee described in subsection (a) to request, require, or purchase genetic information with respect to an individual or a family member of the individual except-
In the case of information to which any of paragraphs (1) through (6) of subsection (b) applies, such information may not be used in violation of paragraph (1), (2), or (3) of subsection (a) or treated or disclosed in a manner that violates section 2000ff-5 of this title.
42 U.S.C. § 2000ff-4
EDITORIAL NOTES
REFERENCES IN TEXTThe Occupational Safety and Health Act of 1970, referred to in subsec. (b)(5)(D), is Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590, which is classified principally to chapter 15 (§651 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 651 of Title 29 and Tables.The Federal Mine Safety and Health Act of 1977, referred to in subsec. (b)(5)(D)(i), is Pub. L. 91-173, Dec. 30, 1969, 83 Stat. 742, which is classified principally to chapter 22 (§801 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 30 and Tables.The Atomic Energy Act of 1954, referred to in subsec. (b)(5)(D)(i), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1, 68 Stat. 919, which is classified principally to chapter 23 (§2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE Section effective 18 months after May 21, 2008, see section 213 of Pub. L. 110-233 set out as a note under section 2000ff of this title.
- Secretary
- The term "Secretary" means the Secretary of Housing and Urban Development.1See References in Text note below.
- employer
- The term "employer" means-(i) an employer (as defined in section 2000e(b) of this title);(ii) an entity employing a State employee described in section 2000e-16c(a) of this title;(iii) an employing office, as defined in section 1301 of title 2;(iv) an employing office, as defined in section 411(c) of title 3; or(v) an entity to which section 2000e-16(a) of this title applies.
- family member
- The term "family member" means, with respect to an individual-(A) a dependent (as such term is used for purposes of section 1181(f)(2) of title 29) of such individual, and(B) any other individual who is a first-degree, second-degree, third-degree, or fourth-degree relative of such individual or of an individual described in subparagraph (A).
- genetic monitoring
- The term "genetic monitoring" means the periodic examination of employees to evaluate acquired modifications to their genetic material, such as chromosomal damage or evidence of increased occurrence of mutations, that may have developed in the course of employment due to exposure to toxic substances in the workplace, in order to identify, evaluate, and respond to the effects of or control adverse environmental exposures in the workplace.
- genetic services
- The term "genetic services" means-(A) a genetic test;(B) genetic counseling (including obtaining, interpreting, or assessing genetic information); or(C) genetic education.