Page:United States Statutes at Large Volume 122.djvu/933

 12 2 STA T .9 1 0PUBLIC LA W 110 – 2 3 3 —M A Y 21, 200 8651ets e q.), t h e F e d e ralMin e S a f et y and H ealth Ac t o f1 97 7 (30U .S. C. 8 01 et seq.), or the Ato m ic E ner g y Act of 195 4 (4 2 U.S.C. 2011 et seq.) or (ii) State genetic monitoring reg u lations, in the case of a State that is im p lementing genetic monitoring regulations under the authority of the O ccupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.); and (E) the employment agency, e x cluding any licensed health care professional or b oard certified genetic counselor that is in v olved in the genetic monitoring program, receives the results of the monitoring only in aggregate terms that do not disclose the identity of specific individuals. (c) PRES ER VATION O F PROTE C TIONS. —I n the case of information to w hich 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 206. SEC.204 . LABOR OR G A NIZ A T ION P RACTICES. (a) D ISCRI M INATION B ASE D ON G ENETIC INFORMATION.—It shall be an unlawful employment practice for a labor organi z ation— (1) 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; (2) 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 (3) to cause or attempt to cause an employer to discriminate against a member in violation of this title. (b) AC QU ISITION OF GENETIC INFORMATION.—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— (1) where a labor organization inadvertently requests or requires family medical history of the member or family member of the member; (2) where— (A) health or genetic services are offered by the labor organization, including such services offered as part of a wellness program; (B) the member provides prior, k nowing, voluntary, and written authorization; (C) 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 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 42USC 2 0 00 f f –3.

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