12 2 STA T .906PUBLIC LA W 110 – 2 3 3 —M A Y 21 , 200 8(iv)aco v er e d e mpl o y ee (i n cl u din g an applican t ) , a s de f ined in section 41 1(c) of title 3 , U nited S tates C ode
or (v) an employee or applicant to wh ich section 7 17(a) of the Civil R ights A ctof1 96 4(4 2 U . S.C. 2 0 00e – 16(a)) applies. ( B ) EMPLOYER . —T he term ‘ ‘employer ’ ’ means— (i) an employer (as defined in section 701( b )of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b))); (ii) an entity employing a State employee described in section 304(a) of the G overnment Employee Rights Act of 1991; (iii) an employing office, as defined in section 101 of the Congressional Accountability Act of 199 5
(iv) an employing office, as defined in section 411(c) of title 3, United States Code; or (v) an entity to which section 717(a) of the Civil Rights Act of 1964 applies. (C) EMPLOYME NTAG EN C Y; LA B OR ORGAN IZ ATION.—The terms ‘‘employment agency’’ and ‘‘labor organi z ation’’ have the meanings given the terms in section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e). ( D ) M EMBER.—The term ‘‘member’’, with respect to a labor organization, includes an applicant for membership in a labor organization. (3) F AMILY MEMBER.—The term ‘‘family member’’ means, with respect to an individual— (A) a dependent (as such term is used for purposes of section 701(f)(2) of the Employee Retirement I ncome Security Act of 1974) of such individual, and (B) any other individual who is a first - degree, second- degree, third-degree, or fourth-degree relative of such indi- vidual or of an individual described in subparagraph (A). (4) GENETIC IN F ORMATION.— (A) IN GENERAL.—The term ‘‘genetic information’’ means, with respect to any individual, information about— (i) such individual’s genetic tests, (ii) the genetic tests of family members of such individual, and (iii) the manifestation of a disease or disorder in family members of such individual. (B) INCL US ION OF GENETIC SER V ICES AN D PARTICIPATION IN GENETIC RESEARC H .—Such term includes, with respect to any individual, any re q uest for, or receipt of, genetic services, or participation in clinical research which includes genetic services, by such individual or any family member of such individual. (C) E X CLUSIONS.—The term ‘‘genetic information’’ shall not include information about the se x or age of any indi- vidual. (5) GENETIC MONITORING.—The term ‘‘genetic monitoring’’ means the periodic examination of employees to evaluate acquired modifications to their genetic material, such as chromosomal damage or evidence of increased occurrence of mutations, that may have developed in the course of employ- ment due to exposure to toxic substances in the wor k place,
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