Page:United States Statutes at Large Volume 122.djvu/930

 12 2 STA T .907PUBLIC LA W 110 – 2 3 3 —M A Y 21, 200 8inorde r t o identi fy, e valu ate, and re sp ondtot h e effe c ts of or control adverse environ m ental e x posures in the w or k place .(6)GEN E TICS E RV ICES. —T he term ‘ ‘ g enetic services ’ ’ means— ( A ) a genetic test ( B ) genetic counseling (including o b taining, inter - preting, or assessing genetic information); or ( C ) genetic education. ( 7 ) GENETIC TEST.— (A) I N G ENER AL .—The term ‘‘genetic test’’ means an analysis of human DN A, R NA, chromosomes, proteins, or metabolites, that detects genotypes, mutations, or chromo- somal changes. (B) EX CE P TI O NS.—The term ‘‘genetic test’’ does not mean an analysis of proteins or metabolites that does not detect genotypes, mutations, or chromosomal changes. SEC.20 2.E MPLOY E R PR A C TI CES. (a) DISCRI M INATION BASE D ON GENETIC IN F ORMATION.—It shall be an unlawful employment practice for an employer— ( 1 ) to fail or refuse to hire, or to discharge, any employee, or otherwise to discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employ- ment of the employee, because of genetic information with respect to the employee; or ( 2 ) to limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of genetic information with respect to the employee. (b) AC QU ISITION OF GENETIC INFORMATION.—It shall be an unlawful employment practice for an employer to re q uest, require, or purchase genetic information with respect to an employee or a family member of the employee except— (1) where an employer inadvertently requests or requires family medical history of the employee or family member of the employee; (2) where— (A) health or genetic services are offered by the employer, including such services offered as part of a wellness program; (B) the employee provides prior, knowing, voluntary, and written authori z ation; (C) only the employee (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 serv- ices; and (D) 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 except in aggregate terms that do not disclose the identity of specific employees; ( 3 ) where an employer requests or requires family medical history from the employee to comply with the certification 42USC 2 0 00 f f –1.

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