chromosomes, proteins, or metabolites, that de-
tects genotypes, mutations, or chromosomal 
changes. 
(B) EXCEPTION.—The term ‘‘genetic test’’ 
does not mean an analysis of proteins or me-
tabolites that does not detect genotypes, 
mutations, or chromosomal changes. 
SEC. 202. EMPLOYER PRACTICES. 
(a) USE OF GENETIC INFORMATION.—It shall be an 
unlawful employment practice for an employer— 
(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 information about a request for 
or the receipt of genetic services by such employee 
or family member of such 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 (or informa-
tion about a request for or the receipt of genetic
services by such employee or family member of such 
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 (or information about a request for the receipt of 
genetic services by such employee or a family member of 
such employee) 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; 
(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, 
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 employer provides written notice of 
the genetic monitoring to the employee; 
(B)(i) the employee provides prior, know-
ing, voluntary, and written authorization; or