Page:United States Statutes at Large Volume 122.djvu/935

 12 2 STA T .9 12 PUBLIC LA W 11 0– 2 3 3 —M A Y 21, 200 8(2)tolim it ,segr eg a te, or c lassi fy t h ea p plica n ts for or participants in s u ch apprenticeship or other training or retraining, or fail or refuse to refer for employment any in d i -v idual, in any w ay that would deprive or tend to deprive any individual of employment opportunities, or otherwise adversely affect the status of the individual as an employee, b ecause of genetic information with respect to the individual or ( 3 ) 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 title . (b) ACQUIS I T I ON O FGE NETIC I NFO RMA TION. — It shall be an unlawful employment practice for an employer, labor organi z ation, or j oint labor-management committee described in subsection (a) to re q uest, require, or purchase genetic information with respect to an individual or a family member of the individual e x cept— ( 1 ) 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; (2) where— (A) 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; ( B ) the individual provides prior, k nowing, voluntary, and written authorization; ( C ) 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 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, labor organization, or joint labor-manage- ment committee except in aggregate terms that do not disclose the identity of specific individuals; (3) 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 1 0 3of the F amily and M edical L eave Actof1 9 93 (29 U . S .C. 2 6 13) or such requirements under State family and medical leave laws; ( 4 ) where the employer, labor organization, or joint labor- management committee purchases documents that are commer- cially and publicly available (including newspapers, magazines, periodicals, and books, but not including medical databases or court records) that include family medical history; ( 5 ) where the information involved is to be used for genetic monitoring of the biological effects of toxic substances in the workplace, but only if— (A) the employer, labor organization, or joint labor- management committee provides written notice of the genetic monitoring to the individual; Notif i ca tio n.

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