42 U.S.C. § 2000ff–3 — Labor organization practices
submitted 18 years ago by Pub. L. 110-233 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 645 words · no verdicts yet
This section prohibits labor organizations from discriminating because of genetic information and generally prohibits them from obtaining it. It lists exceptions and protects information obtained under them.
(a) A labor organization* may not (1) exclude or expel a member, or otherwise discriminate against a member, because of genetic information*; (2) limit, separate, classify, or refuse to refer a member for work in a way that harms opportunities or employee* status because of genetic information; or (3) cause or try to cause an employer* to discriminate against a member in violation of this chapter.
(b) A labor organization may not request, require, or buy genetic information about a member or family member*, except: (1) it inadvertently asks for or requires family medical history; (2) it offers health or genetic services*, including wellness services, with prior knowing voluntary written authorization, individually identifiable results received only by the member or receiving family member and the involved licensed health professional or board-certified counselor, and information used only for the services and shared with the organization only in nonidentifying aggregate form; (3) it needs family history to comply with section 2613 of title 29 or State* family-and-medical-leave requirements; (4) it buys commercially and publicly available documents, including newspapers, magazines, periodicals, and books, containing family history, but not medical databases or court records; or (5) it uses information for workplace-toxic-substance genetic monitoring*, with written notice, prior knowing voluntary written authorization or a Federal or State legal requirement, notice of individual results, compliance with applicable Federal or qualifying State rules, and results provided only in nonidentifying aggregate form, excluding the involved health professional or counselor.
(c) Information covered by an exception may not be used to violate subsection (a)(1), (2), or (3), or handled or disclosed in a way that violates section 2000ff–5.
It shall be an unlawful employment practice for a labor organization*—
to exclude or to expel from the membership of the organization, or otherwise to discriminate against, any member because of genetic information with respect to the member;
to limit, segregate, or classify the members of the organization, or fail or refuse to refer for employment any member, in any way that would deprive or tend to deprive any member of employment opportunities, or otherwise adversely affect the status of the member as an employee*, because of genetic information with respect to the member; or
to cause or attempt to cause an employer* to discriminate against a member in violation of this chapter.
It shall be an unlawful employment practice for a labor organization to request, require, or purchase genetic information with respect to a member or a family member* of the member except—
where a labor organization inadvertently requests or requires family medical history of the member or family member of the member;
where—
health or genetic services* are offered by the labor organization, including such services offered as part of a wellness program;
the member provides prior, knowing, voluntary, and written authorization;
only the member (or family member if the family member is receiving genetic services) and the licensed health care professional or board certified genetic counselor involved in providing such services receive individually identifiable information concerning the results of such services; and
any individually identifiable genetic information provided under subparagraph (C) in connection with the services provided under subparagraph (A) is only available for purposes of such services and shall not be disclosed to the labor organization except in aggregate terms that do not disclose the identity of specific members;
where a labor organization requests or requires family medical history from the members to comply with the certification provisions of section 2613 of title 29 or such requirements under State* family and medical leave laws;
where a labor organization purchases documents that are commercially and publicly available (including newspapers, magazines, periodicals, and books, but not including medical databases or court records) that include family medical history; or
where the information involved is to be used for genetic monitoring* of the biological effects of toxic substances in the workplace, but only if—
the labor organization provides written notice of the genetic monitoring to the member;
the member provides prior, knowing, voluntary, and written authorization; or
the genetic monitoring is required by Federal or State law;
the member is informed of individual monitoring results;
the monitoring is in compliance with—
any Federal genetic monitoring regulations, including any such regulations that may be promulgated by the Secretary* of Labor pursuant to the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.), the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 et seq.), or the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.); or
State genetic monitoring regulations, in the case of a State that is implementing genetic monitoring regulations under the authority of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.); and
the labor organization, excluding any licensed health care professional or board certified genetic counselor that is involved in the genetic monitoring program, receives the results of the monitoring only in aggregate terms that do not disclose the identity of specific members.
In the case of information to which any of paragraphs (1) through (5) 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.
Source credit: (Pub. L. 110–233, title II, § 204, May 21, 2008, 122 Stat. 910.)
- 2008Enacted · Pub. L. 110-233 · 122 Stat. 910
A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-233 on 2008-05-21.
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