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[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1045 Introduced in Senate (IS)]

  1st Session
                                S. 1045

   To prohibit discrimination in employment on the basis of genetic 
                  information, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 22, 1997

  Mr. Daschle introduced the following bill; which was read twice and 
         referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL

 
   To prohibit discrimination in employment on the basis of genetic 
                  information, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``The Genetic Justice Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Employee; employer; employment agency; labor 
        organization; member.--The terms ``employee'', ``employer'', 
        ``employment agency'', and ``labor organization'' have the 
        meanings given the terms in section 701 of the Civil Rights Act 
        of 1964 (42 U.S.C. 2000e). The terms ``employee'' and 
        ``member'' include an applicant for employment and an applicant 
        for membership in a labor organization, respectively.
            (2) Genetic information.--The term ``genetic information'', 
        used with respect to an individual, means information 
        (including information regarding carrier status and information 
        derived from a laboratory test that identifies mutations in 
        specific genes or chromosomes, a physical medical examination, 
        a family history, and a direct analysis of genes or 
        chromosomes) about a gene, gene product, or inherited 
        characteristic that derives from the individual or a family 
        member of the individual.
            (3) Genetic services.--The term ``genetic services'' means 
        genetic evaluation, genetic testing, genetic counseling, and 
        related services.

SEC. 3. EMPLOYER PRACTICES.

    It shall be an unlawful employment practice for an employer--
            (1) to fail or refuse to hire or to discharge any 
        individual, or otherwise to discriminate against any individual 
        with respect to the compensation, terms, conditions, or 
        privileges of employment of the individual, because of genetic 
        information with respect to the individual, including an 
        inquiry by the individual regarding genetic services;
            (2) to limit, segregate, or classify the employees of the 
        employer 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, including 
        an inquiry by the individual regarding genetic services; or
            (3) to request or require the collection for the employer 
        or disclosure to the employer of genetic information with 
        respect to an individual unless the employer shows that--
                    (A) the employer made the request or requirement 
                after making an offer of employment to the individual;
                    (B) the information is job-related for the position 
                in question and consistent with business necessity; and
                    (C) the knowing and voluntary written consent of 
                the individual has been obtained for the request or 
                requirement, and the collection or disclosure.

SEC. 4. EMPLOYMENT AGENCY PRACTICES.

    It shall be an unlawful employment practice for an employment 
agency to fail or refuse to refer for employment, or otherwise to 
discriminate against, any individual because of genetic information 
with respect to the individual, including an inquiry by the individual 
regarding genetic services.

SEC. 5. LABOR ORGANIZATION PRACTICES.

    It shall be an unlawful employment practice for a labor 
organization--
            (1) to exclude or to expel from the membership of the 
        organization, or otherwise to discriminate against, any 
        individual because of genetic information with respect to the 
        individual, including an inquiry by the individual regarding 
        genetic services;
            (2) to limit, segregate, or classify the members of the 
        organization, or to classify 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 
        would limit the employment opportunities or otherwise adversely 
        affect the status of the individual as an employee, because of 
        genetic information with respect to the individual, including 
        an inquiry by the individual regarding genetic services; or
            (3) to cause or attempt to cause an employer to 
        discriminate against an individual in violation of this 
        section.

SEC. 6. TRAINING PROGRAMS.

    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, including an 
inquiry by the individual regarding genetic services, in admission to, 
or employment in, any program established to provide apprenticeship or 
other training or retraining.

SEC. 7. CONFIDENTIALITY.

    If an employer, labor organization, or employment agency possesses 
genetic information about an employee, the employer, labor 
organization, or employment agency--
            (1) shall maintain the information on separate forms and in 
        separate medical files, and treat the information as a 
        confidential medical record, except that, if the employee 
        provides knowing and voluntary written consent--
                    (A) the employer may inform a supervisor or manager 
                of the employee regarding a necessary restriction on 
                the work or duties of, or a necessary accommodation 
                for, the employee;
                    (B) the employer may inform first aid and safety 
                personnel (when appropriate, within the meaning of 
                section 102(d)(3)(B)(ii) of the Americans with 
                Disabilities Act of 1990 (42 U.S.C. 
                12112(d)(3)(B)(ii))); and
                    (C) the employer shall provide relevant information 
                to a government official investigating compliance with 
                this Act, on request;
            (2) shall disclose the information to the employee at the 
        request of the employee; and
            (3) shall not otherwise disclose the information.

SEC. 8. CIVIL ACTION.

    (a) In General.--An employee or member of a labor organization may 
bring an action in a Federal or State court of competent jurisdiction 
against an employer, employment agency, labor organization, or joint 
labor-management committee who violates this Act.
    (b) Class Actions.--The employee or member may bring the action for 
and in behalf of--
            (1) the employee or member; or
            (2) the employee or member, and other employees or members 
        of the labor organization who are similarly situated.
    (c) Remedy.--The court in which the action is brought may award any 
appropriate legal or equitable relief.

SEC. 9. CONSTRUCTION.

    Nothing in this Act shall be construed to limit the rights or 
protections of an employee or member of a labor organization under the 
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
                                 <all>
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