42 U.S.C. § 2000ff–7 — Disparate impact

(a) Despite other provisions, "disparate impact" based on genetic information^*, as used in section 2000e–2(k), does not establish a cause of action under this Act.

(b) Six years after May 21, 2008, a Genetic Nondiscrimination Study Commission^* must be established to review developing genetic science and recommend to Congress whether this Act should provide a disparate-impact cause of action.

(c)(1) The Commission has 8 members: one appointed by the Senate Majority Leader; one by the Senate Minority Leader; one by the Senate Health, Education, Labor, and Pensions Committee chair; one by that committee’s ranking minority member; one by the Speaker of the House; one by the House Minority Leader; one by the House Education and Labor Committee chair; and one by that committee’s ranking minority member. (2) Members receive no compensation for Commission service, but receive authorized travel expenses, including per diem instead of subsistence, while away from home or their regular business places performing Commission service.

(d)(1) The Commission is located in an Equal Employment Opportunity Commission facility. (2) Federal employees may be detailed to it without reimbursement and without interruption or loss of civil-service status or privilege. (3) It may directly obtain necessary information from Federal departments or agencies, whose heads must provide it on request. (4) It may hold hearings, meet and act at suitable times and places, take testimony, and receive evidence, but should use existing data and research when possible. (5) It may use United States mail on the same terms as other Federal departments and agencies.

(e) Within 1 year after all members are appointed under subsection (c)(1), the Commission must report to Congress summarizing its findings and recommending legislation consistent with this Act.

(f) Congress authorizes appropriations to the Equal Employment Opportunity Commission of sums necessary to carry out this section.