(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 identifiable in-
formation concerning the results of such services; 
and 
(D) any individually identifiable genetic 
information provided under subparagraph (C) in 
connection with the services provided under sub-
paragraph (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 specific 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 (29 
U.S.C. 2613) or such requirements under State family 
and medical leave laws; 
(4) where a labor organization purchases docu-
ments that are commercially and publicly available 
(including newspapers, magazines, periodicals, and 
books, but not including medical databases or court 
records) that include family medical history; or 
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(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 labor organization provides written 
notice of the genetic monitoring to the member; 
(B)(i) the member provides prior, knowing, 
voluntary, and written authorization; or 
(ii) the genetic monitoring is required by 
Federal or State law; 
(C) the member is informed of individual 
monitoring results; 
(D) the monitoring is in compliance with— 
(i) any Federal genetic monitoring reg-
ulations, 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 
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Safety and Health Act of 1970 (29 U.S.C. 
651 et seq.); and 
(E) the labor organization, excluding any 
licensed health care professional or board cer-
tified genetic counselor that is involved in the ge-
netic monitoring program, receives the results of 
the monitoring only in aggregate terms that do 
not disclose the identity of specific members. 
(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 section 206. 
SEC. 205. TRAINING PROGRAMS. 
(a) DISCRIMINATION BASED ON GENETIC INFORMA-
TION.—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— 
(1) to discriminate against any individual be-
cause of genetic information with respect to the indi-
vidual (or information about a request for or the re-
ceipt of genetic services by such individual or a fam-
ily member of such individual) in admission to, or 
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employment in, any program established to provide 
apprenticeship or other training or retraining; 
(2) to limit, segregate, or classify the applicants 
for or participants in such apprenticeship or other 
training or retraining, or fail or refuse to refer for 
employment any individual, in any way that would 
deprive or tend to deprive any individual of employ-
ment opportunities, or otherwise adversely affect the 
status of the individual as an employee, because of ge-
netic information with respect to the individual (or 
information about a request for or receipt of genetic 
services by such individual or family member of such 
individual); or 
(3) to cause or attempt to cause an employer to 
discriminate against an applicant for or a partici-
pant in such apprenticeship or other training or re-
training in violation of this title. 
(b) ACQUISITION OF GENETIC INFORMATION.—It shall 
be an unlawful employment practice for an employer, labor 
organization, or joint labor-management committee de-
scribed in subsection (a) to request, require, or purchase ge-
netic information with respect to an individual or a family 
member of the individual (or information about a request 
for the receipt of genetic services by such individual or a 
family member of such individual) except— 
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(1) where the employer, labor organization, or 
joint labor-management committee inadvertently re-
quests or requires family medical history of the indi-
vidual or family member of the individual; 
(2) where— 
(A) health or genetic services are offered by 
the employer, labor organization, or joint labor- 
management committee, including such services 
offered as part of a bona fide wellness program; 
(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 pro-
viding such services receive individually identifi-
able information concerning the results of such 
services; and 
(D) any individually identifiable genetic 
information provided under subparagraph (C) in 
connection with the services provided under sub-
paragraph (A) is only available for purposes of 
such services and shall not be disclosed to the em-
ployer, labor organization, or joint labor-man-
agement committee except in aggregate terms 
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that do not disclose the identity of specific indi-
viduals; 
(3) where the employer, labor organization, or 
joint labor-management committee 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 the employer, labor organization, or 
joint labor-management committee purchases docu-
ments that are commercially and publicly available 
(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 employer, labor organization, or 
joint 
labor-management 
committee 
provides 
written notice of the genetic monitoring to the 
individual; 
(B)(i) the individual provides prior, know-
ing, voluntary, and written authorization; or 
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