137 
Government Employee Rights Act of 1991 
(42 U.S.C. 2000e–16c(a)); 
(iii) a covered employee (including an 
applicant), as defined in section 101 of the 
Congressional Accountability Act of 1995 
(2 U.S.C. 1301); 
(iv) a covered employee (including an 
applicant), as defined in section 411(c) of 
title 3, United States Code; or 
(v) an employee or applicant to which 
section 717(a) of the Civil Rights Act of 
1964 (42 U.S.C. 2000e–16(a)) applies. 
(B) EMPLOYER.—The term ‘‘employer’’ 
means— 
(i) an employer (as defined in section 
701(b) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e(b))); 
(ii) an entity employing a State em-
ployee described in section 304(a) of the 
Government Employee Rights Act of 1991; 
(iii) an employing office, as defined in 
section 101 of the Congressional Account-
ability Act of 1995;
138 
(iv) an employing office, as defined in 
section 411(c) of title 3, United States 
Code; or 
(v) an entity to which section 717(a) 
of the Civil Rights Act of 1964 applies. 
(C) EMPLOYMENT AGENCY; LABOR ORGA-
NIZATION.—The terms ‘‘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). 
(D) MEMBER.—The term ‘‘member’’, with 
respect to a labor organization, includes an ap-
plicant for membership in a labor organization. 
(3) FAMILY MEMBER.—The term ‘‘family mem-
ber’’ means, with respect to an individual— 
(A) a dependent (as such term is used for 
purposes of section 701(f)(2) of the Employee 
Retirement Income Security Act of 1974) of 
such individual, and 
(B) any other individual who is a first-de-
gree, second-degree, third-degree, or fourth-de-
gree relative of such individual or of an indi-
vidual described in subparagraph (A). 
(4) GENETIC INFORMATION.—
139 
(A) IN GENERAL.—The term ‘‘genetic in-
formation’’ means, with respect to any indi-
vidual, information about— 
(i) such individual’s genetic tests, 
(ii) the genetic tests of family mem-
bers of such individual, and 
(iii) subject to subparagraph (D), the 
manifestation of a disease or disorder in 
family members of such individual. 
(B) INCLUSION OF GENETIC SERVICES.— 
Such term includes, with respect to any indi-
vidual, any request for, or receipt of, genetic 
services (including genetic services received pur-
suant to participation in clinical research) by 
such individual or any family member of such 
individual. 
(C) EXCLUSIONS.—The term ‘‘genetic in-
formation’’ shall not include information about 
the sex or age of any individual. 
(5) GENETIC MONITORING.—The term ‘‘genetic 
monitoring’’ means the periodic examination of em-
ployees to evaluate acquired modifications to their 
genetic material, such as chromosomal damage or 
evidence of increased occurrence of mutations, that 
may have developed in the course of employment due
140 
to exposure to toxic substances in the workplace, in 
order to identify, evaluate, and respond to the ef-
fects of or control adverse environmental exposures 
in the workplace. 
(6) GENETIC
SERVICES.—The term ‘‘genetic 
services’’ means— 
(A) a genetic test; 
(B) genetic counseling (including obtain-
ing, interpreting, or assessing genetic informa-
tion); or 
(C) genetic education. 
(7) GENETIC TEST.— 
(A) IN
GENERAL.—The term ‘‘genetic 
test’’ means an analysis of human DNA, RNA, 
chromosomes, proteins, or metabolites, that de-
tects genotypes, mutations, or chromosomal 
changes. 
(B) EXCEPTIONS.—The term ‘‘genetic 
test’’ does not mean an analysis of proteins or 
metabolites that does not detect genotypes, 
mutations, or chromosomal changes. 
SEC. 202. EMPLOYER PRACTICES. 
(a) DISCRIMINATION BASED ON GENETIC INFORMA-
TION.—It shall be an unlawful employment practice for 
an employer—
141 
(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 employment of the em-
ployee, 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 oppor-
tunities or otherwise adversely affect the status of 
the employee as an employee, because of genetic in-
formation with respect to the employee. 
(b) ACQUISITION
OF GENETIC INFORMATION.—It 
shall be an unlawful employment practice for an employer 
to request, require, or purchase genetic information with 
respect to an employee or a family member of the em-
ployee 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 bona fide wellness program;
142 
(B) the employee provides prior, knowing, 
voluntary, and written authorization; 
(C) only the employee (or family member 
if the family member is receiving genetic serv-
ices) and the licensed health care professional 
or board certified genetic counselor involved in 
providing such services receive individually iden-
tifiable information concerning the results of 
such services; and 
(D) any individually identifiable genetic in-
formation 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 provisions of section 103 of the 
Family and Medical Leave Act of 1993 (29 U.S.C. 
2613) or such requirements under State family and 
medical leave laws; 
(4) where an employer purchases documents 
that are commercially and publicly available (includ-
ing newspapers, magazines, periodicals, and books,
143 
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 provides written notice of 
the genetic monitoring to the employee; 
(B)(i) the employee provides prior, know-
ing, voluntary, and written authorization; or 
(ii) the genetic monitoring is required by 
Federal or State law; 
(C) the employee is informed of individual 
monitoring results; 
(D) the monitoring is in compliance with— 
(i) any Federal genetic monitoring 
regulations, including any such regulations 
that may be promulgated by the Secretary 
of Labor pursuant to the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 
651 et seq.), the Federal Mine Safety and 
Health Act of 1977 (30 U.S.C. 801 et 
seq.), or the Atomic Energy Act of 1954 
(42 U.S.C. 2011 et seq.); or 
(ii) State genetic monitoring regula-
tions, in the case of a State that is imple-
144 
menting genetic monitoring regulations 
under the authority of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 
651 et seq.); and 
(E) the employer, excluding any licensed 
health care professional or board certified ge-
netic counselor that is involved in the genetic 
monitoring program, receives the results of the 
monitoring only in aggregate terms that do not 
disclose the identity of specific employees; or 
(6) where the employer conducts DNA analysis 
for law enforcement purposes as a forensic labora-
tory, includes such analysis in the Combined DNA 
Index System pursuant to section 210304 of the 
Violent Crime Control and Law Enforcement Act of 
1994 (42 U.S.C. 14132), and requests or requires 
genetic information of such employer’s employees, 
but only to the extent that such genetic information 
is used for analysis of DNA identification markers 
for quality control to detect sample contamination. 
(c) PRESERVATION OF PROTECTIONS.—In the case 
of information to which any of paragraphs (1) through 
(6) of subsection (b) applies, such information may not 
be used in violation of paragraph (1) or (2) of subsection
145 
(a) or treated or disclosed in a manner that violates sec-
tion 206. 
SEC. 203. EMPLOYMENT AGENCY PRACTICES. 
(a) DISCRIMINATION BASED ON GENETIC INFORMA-
TION.—It shall be an unlawful employment practice for 
an employment agency— 
(1) to fail or refuse to refer for employment, or 
otherwise to discriminate against, any individual be-
cause of genetic information with respect to the indi-
vidual; 
(2) to limit, segregate, or classify individuals 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 otherwise 
adversely affect the status of the individual as an 
employee, because of genetic information with re-
spect to the individual; or 
(3) to cause or attempt to cause an employer to 
discriminate against an individual in violation of this 
title. 
(b) ACQUISITION
OF GENETIC INFORMATION.—It 
shall be an unlawful employment practice for an employ-
ment agency to request, require, or purchase genetic infor-
mation with respect to an individual or a family member 
of the individual except—
146 
(1) where an employment agency inadvertently 
requests or requires family medical history of the in-
dividual or family member of the individual; 
(2) where— 
(A) health or genetic services are offered 
by the employment agency, including such serv-
ices offered as part of a bona fide wellness pro-
gram; 
(B) the individual provides prior, knowing, 
voluntary, and written authorization; 
(C) only the individual (or family member 
if the family member is receiving genetic serv-
ices) and the licensed health care professional 
or board certified genetic counselor involved in 
providing such services receive individually iden-
tifiable information concerning the results of 
such services; and 
(D) any individually identifiable genetic in-
formation 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 employment agency except in aggregate 
terms that do not disclose the identity of spe-
cific individuals;
147 
(3) where an employment agency requests or re-
quires family medical history from the individual to 
comply with the certification provisions of section 
103 of the Family and Medical Leave Act of 1993 
(29 U.S.C. 2613) or such requirements under State 
family and medical leave laws; 
(4) where an employment agency purchases 
documents that are commercially and publicly avail-
able (including newspapers, magazines, periodicals, 
and books, but not including medical databases or 
court records) that include family medical history; or 
(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 employment agency provides writ-
ten notice of the genetic monitoring to the indi-
vidual; 
(B)(i) the individual provides prior, know-
ing, voluntary, and written authorization; or 
(ii) the genetic monitoring is required by 
Federal or State law; 
(C) the individual is informed of individual 
monitoring results; 
(D) the monitoring is in compliance with—
148 
(i) any Federal genetic monitoring 
regulations, including any such regulations 
that may be promulgated by the Secretary 
of Labor pursuant to the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 
651 et seq.), the Federal Mine Safety and 
Health Act of 1977 (30 U.S.C. 801 et 
seq.), or the Atomic Energy Act of 1954 
(42 U.S.C. 2011 et seq.); or 
(ii) State genetic monitoring regula-
tions, in the case of a State that is imple-
menting genetic monitoring regulations 
under the authority of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 
651 et seq.); and 
(E) the employment agency, excluding any 
licensed health care professional or board cer-
tified genetic counselor that is involved in the 
genetic monitoring program, receives the results 
of the monitoring only in aggregate terms that 
do not disclose the identity of specific individ-
uals. 
(c) PRESERVATION OF PROTECTIONS.—In the case 
of information to which any of paragraphs (1) through 
(5) of subsection (b) applies, such information may not