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 
be used in violation of paragraph (1) or (2) of subsection 
(a) or treated or disclosed in a manner that violates sec-
tion 206. 
SEC. 204. LABOR ORGANIZATION PRACTICES. 
(a) USE OF GENETIC INFORMATION.—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 member because of genetic information 
with respect to the member (or information about a 
request for or the receipt of genetic services by such 
member or family member of such member);
(2) to limit, segregate, or classify the members 
of the organization, or fail or refuse to refer for em-
ployment any member, in any way that would de-
prive or tend to deprive any member of employment 
opportunities, or otherwise adversely affect the sta-
tus of the member as an employee, because of ge-
netic information with respect to the member (or in-
formation about a request for or the receipt of ge-
netic services by such member or family member of 
such member); or 
(3) to cause or attempt to cause an employer to 
discriminate against a member in violation of this 
title. 
(b) ACQUISITION
OF GENETIC INFORMATION.—It 
shall be an unlawful employment practice for a labor orga-
nization to request, require, or purchase genetic informa-
tion with respect to a member or a family member of the 
member (or information about a request for the receipt 
of genetic services by such member or a family member 
of such member) except— 
(1) where a labor organization inadvertently re-
quests 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 serv-
ices offered as part of a bona fide wellness pro-
gram; 
(B) the member provides prior, knowing, 
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 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 labor organization except in aggregate 
terms that do not disclose the identity of spe-
cific members; 
(3) where a labor organization requests or re-
quires family medical history from the members to 
comply with the certification provisions of section 
103 of the Family and Medical Leave Act of 1993