Sec. 2000e-2(k)), on the basis of genetic information does not establish a cause of action under this Act. 2000e-16b(a)(1)) shall be the powers, remedies, and procedures this title provides to the Commission, or any person, respectively, alleging an unlawful employment practice in violation of this title against an employee described in section 201(2)(A)(ii), except as provided in paragraphs (2) and (3). (b) Commission.--On the date that is 6 years after the date of enactment of this Act, there shall be established a commission, to be known as the Genetic Nondiscrimination Study Commission (referred to in this section as the "Commission") to review the developing science of genetics and to make recommendations to Congress regarding whether to provide a disparate impact cause of action under this Act. Fact Sheet; FAQs on the Genetic Information Nondiscrimination Act; Your Genetic Information and Your Health Plan - Know the Protections Against Discrimination; elaws Health Benefits Advisor; For Employers and Advisers. It passed the House by a 420 - 9 - 3 vote on April 25, 2007. (C) Exclusions.--The term "genetic information" shall not include information about the sex or age of any individual. (H) 1 member shall be appointed by the ranking minority member of the Committee on Education and Labor of the House of Representatives. ); or, (ii) State genetic monitoring regulations, in the case of a State that is implementing genetic monitoring regulations under the authority of the Occupational Safety and Health Act of 1970 (29 U.S.C. An employer, employment agency, labor organization, or joint labor-management committee shall be considered to be in compliance with the maintenance of information requirements of this subsection with respect to genetic information subject to this subsection that is maintained with and treated as a confidential medical record under section 102(d)(3)(B) of the Americans With Disabilities Act (42 U.S.C. Moreover, while many States have enacted some type of genetic non-discrimination law, these laws vary widely with respect to their approach, application, and level of protection. (a) Discrimination Based on Genetic Information.--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--. The Genetic Privacy and Nondiscrimination Act of 1996. 2613) or such requirements under State family and medical leave laws; (4) where an employer purchases documents 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; (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--. New knowledge about genetics may allow for the development of better therapies that are more effective against disease or have fewer side effects than current treatments. (2) Costs and fees.--The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes of the United States (42 U.S.C. [15] The new amendments require that (1) employee wellness programs are voluntary; (2) employers cannot deny health care coverage for non participation, or (3) take adverse employment actions against or coerce employees who do not participate in wellness programs. An employer must tell its own health care providers not to collect genetic information as part of employment-related medical exams when it sends an applicant or employee for a medical examination. 209. The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. 1998)). 210. (1) In general.--The powers, remedies, and procedures provided in sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. Sec. 208. 201. (i) the amendments made by title I of this Act; (ii)(I) subsection (a) of section 701 of the Employee Retirement Income Security Act of 1974 as such section applies with respect to genetic information pursuant to subsection (b)(1)(B) of such section; (II) section 702(a)(1)(F) of such Act; or.

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