42 U.S.C. § 2000ff–4 — Training programs
submitted 18 years ago by Pub. L. 110-233 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 787 words · no verdicts yet
This section prohibits discrimination based on genetic information in apprenticeship and other training programs. It also limits collection of genetic information and protects information collected under exceptions.
(a) An employer*, labor organization*, or joint labor-management committee controlling apprenticeship, training, retraining, or on-the-job training may not (1) discriminate because of genetic information* in admission to or employment in a program; (2) limit, separate, classify, or refuse to refer applicants or participants 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 an applicant for or a participant in such apprenticeship or other training or retraining in violation of this chapter.
(b) Such an employer, organization, or committee may not request, require, or buy genetic information about an individual or family member*, except: (1) inadvertent family-history requests; (2) offered health or genetic services*, including wellness services, with prior knowing voluntary written authorization, individually identifiable results limited to the individual or receiving family member and the involved licensed health professional or board-certified counselor, and nonidentifying aggregate disclosure only; (3) family history needed for section 2613 of title 29 or State* family-and-medical-leave requirements; (4) commercially and publicly available documents containing family history, excluding medical databases and court records; (5) workplace-toxic-substance genetic monitoring* with written notice, authorization or legal requirement, individual results, applicable Federal or qualifying State rule compliance, and nonidentifying aggregate results; or (6) forensic or human-remains DNA analysis by an employer, using apprentices’ or trainees’ information only for DNA identification-marker quality control to detect contamination.
(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 any employer*, labor organization*, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs—
to discriminate against any individual because of genetic information with respect to the individual in admission to, or employment in, any program established to provide apprenticeship or other training or retraining;
to limit, segregate, or classify the applicants for or participants in such apprenticeship or other training or retraining, or fail or refuse to refer for employment any individual, in any way that would deprive or tend to deprive any individual of employment opportunities, or otherwise adversely affect the status of the individual as an employee*, because of genetic information with respect to the individual; or
to cause or attempt to cause an employer to discriminate against an applicant for or a participant in such apprenticeship or other training or retraining in violation of this chapter.
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—
where the employer, labor organization, or joint labor-management committee inadvertently requests or requires family medical history of the individual or family member of the individual;
where—
health or genetic services* are offered by the employer, labor organization, or joint labor-management committee, including such services offered as part of a wellness program;
the individual provides prior, knowing, voluntary, and written authorization;
only the individual (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 employer, labor organization, or joint labor-management committee except in aggregate terms that do not disclose the identity of specific individuals;
where the employer, labor organization, or joint labor-management committee requests or requires family medical history from the individual to comply with the certification provisions of section 2613 of title 29 or such requirements under State* family and medical leave laws;
where the employer, labor organization, or joint labor-management committee 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;
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 employer, labor organization, or joint labor-management committee provides written notice of the genetic monitoring to the individual;
the individual provides prior, knowing, voluntary, and written authorization; or
the genetic monitoring is required by Federal or State law;
the individual 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 employer, labor organization, or joint labor-management committee, 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 individuals; or
where the employer conducts DNA analysis for law enforcement purposes as a forensic laboratory or for purposes of human remains identification, and requests or requires genetic information of such employer’s apprentices or trainees, but only to the extent that such genetic information is used for analysis of DNA identification markers for quality control to detect sample contamination.
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.
Source credit: (Pub. L. 110–233, title II, § 205, May 21, 2008, 122 Stat. 911.)
- 2008Enacted · Pub. L. 110-233 · 122 Stat. 911
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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