I
105TH CONGRESS
1ST SESSION
H. R. 2275
To prohibit discrimination in employment on the basis of genetic information,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 25, 1997
Mrs. LOWEY (for herself and Mr. LAZIO of New York) introduced the follow-
ing bill; which was referred to the Committee on Education and the
Workforce
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Genetic Employment
Protection Act of 1997’’.
SEC. 2. DEFINITIONS.
In this Act:
(1) 
EMPLOYEE; 
EMPLOYER; 
EMPLOYMENT
AGENCY; 
LABOR
ORGANIZATION; 
MEMBER.—The
terms ‘‘employee’’, ‘‘employer’’, ‘‘employment agen-
cy’’, 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 ‘‘em-
ployee’’ and ‘‘member’’ include an applicant for em-
ployment and an applicant for membership in a
labor organization, respectively.
(2) GENETIC
INFORMATION.—The term ‘‘ge-
netic information’’, used with respect to an individ-
ual, means information (including information re-
garding carrier status and information derived from
a laboratory test that identifies mutations in specific
genes or chromosomes, a physical medical examina-
tion, a family history, and a direct analysis of genes
or chromosomes) about a gene, gene product, or in-
herited characteristic that derives from the individ-
ual 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 indi-
vidual, because of genetic information with respect
to the individual, including an inquiry by the individ-
ual 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 oppor-
tunities or otherwise adversely affect the status of
the individual as an employee, because of genetic in-
formation with respect to the individual, including
an inquiry by the individual regarding genetic serv-
ices; or
(3) to request or require the collection for the
employer or disclosure to the employer of genetic in-
formation with respect to an individual unless the
employer shows that—
(A) the employer made the request or re-
quirement after making an offer of employment
to the individual;
(B) the information is job-related for the
position in question and consistent with busi-
ness 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 employ-
ment, or otherwise to discriminate against, any individual
because of genetic information with respect to the individ-
ual, including an inquiry by the individual regarding ge-
netic 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 informa-
tion with respect to the individual, including an in-
quiry 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 em-
ployment 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 ge-
netic 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 dis-
criminate against any individual because of genetic infor-
mation 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 in-
formation 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 nec-
essary 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 in-
formation to a government official investigating
compliance with this Act, on request;
(2) shall disclose the information to the em-
ployee 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, em-
ployment agency, labor organization, or joint labor-man-
agement 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 employ-
ees 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 re-
lief.
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.).
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