12 2 STA T .908PUBLIC LA W 110 – 2 3 3 —M A Y 21 , 2008 provis io n so f s ect ion 103 oft h e Fam i ly an dM edical L eave A ctof1 9 93 (2 9 U.S . C .2 6 13 ) ors u ch re q uirements under State family and medical leave la w s
( 4 ) where an employer purchases documents that are commercially and pu b licly available (includin g newspapers , maga z ines, periodicals, and boo k s, 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 to x ic 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, knowing, voluntary, and written authorization; or (ii) the genetic monitoring is required by Federal or State law; (C) the employee is informed of individual monitoring results; ( D ) the monitoring is in compliance with— (i) any Federal genetic monitoring regulations, including any such regulations that may be promul - gated by the Secretary of Labor pursuant to the O ccupational Safety and H ealth Act of 19 7 0 (29 U.S.C. 651 et seq.), the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 8 01 et seq.), or the Atomic E nergy Act of 1954 (42 U.S.C. 2011 et seq.); 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. 651 et seq.); and (E) the employer, excluding any licensed health care professional or board certified 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 employees; or (6) where the employer conducts D N A analysis for law enforcement purposes as a forensic laboratory or for purposes of human remains identification, and requests or requires genetic information of such employer ’ s employees, but only to the extent that such genetic information is used for analysis of DNA identification markers for quality control to detect sample contamination. (c) PRES ER VATION O F PROTE C TIONS.— I n the case of information to which any of paragraphs (1) through (6) 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.203 .E MPLOY ME NTAG ENCY P R ACT I CES. (a) DISCRI M INATION BASE D ON G ENETIC INFORMATION.—It shall be an unlawful employment practice for an employment agency— (1) to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of genetic information with respect to the individual; (2) to limit, segregate, or classify individuals or fail or refuse to refer for employment any individual in any way 42USC 2 0 00 f f – 2 .
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