Legal Resources | | 2000ff
Chapter 21f. Prohibiting Employment Discrimination On The Basis Of Genetic Information. Definitions
In this title:
(1) Commission. The term "Commission" means the Equal Employment Opportunity Commission as created by section 705 of the Civil Rights Act of 1964 (42 USC 2000e-4).
(2) Employee; employer; employment agency; labor organization; member.
(A) In general. The term "employee" means--
(i) an employee (including an applicant), as defined in section 701(f) of the Civil Rights Act of 1964 (42 USC 2000e(f));
(ii) a State employee (including an applicant) described in section 304(a) of the Government Employee Rights Act of 1991 (42 USC 2000e-16c(a));
(iii) a covered employee (including an applicant), as defined in section 101 of the Congressional Accountability Act of 1995 (2 USC 1301);
(iv) a covered employee (including an applicant), as defined in section 411(c) of title 3, United States Code; or
(v) an employee or applicant to which section 717(a) of the Civil Rights Act of 1964 (42 USC 2000e-16(a)) applies.
(B) Employer. The term "employer" means--
(i) an employer (as defined in section 701(b) of the Civil Rights Act of 1964 (42 USC 2000e(b)));
(ii) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991, 42 USC Section 2000e-16c(a);
(iii) an employing office, as defined in 2 USC Section 1301;
(iv) an employing office, as defined in section 411(c) of title 3, United States Code; or
(v) an entity to which 42 USC Section 2000e-16(a) applies.
(C) Employment agency; labor organization. The terms "employment agency" and "labor organization" have the meanings given the terms in section 701 of the Civil Rights Act of 1964 (42 USC 2000e).
(D) Member. The term "member", with respect to a labor organization, includes an applicant for membership in a labor organization.
(3) Family member. The term "family member" means, with respect to an individual--
(A) a dependent (as such term is used for purposes of 29 USC Section 1181(f)(2)) of such individual, and
(B) any other individual who is a first-degree, second-degree, third-degree, or fourth-degree relative of such individual or of an individual described in subparagraph (A).
(4) Genetic information.
(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) Inclusion of genetic services and participation in genetic research. Such term includes, with respect to any individual, any request 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) Exclusions. The term "genetic information" shall not include information about the sex or age of any individual.
(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 employment due to exposure to toxic substances in the workplace, in order to identify, evaluate, and respond to the effects of or control adverse environmental exposures in the workplace.
(6) Genetic services. The term "genetic services" means--
(A) a genetic test;
(B) genetic counseling (including obtaining, interpreting, or assessing genetic information); or
(C) genetic education.
(7) Genetic test.
(A) In general. The term "genetic test" means an analysis of human DNA, RNA, chromosomes, proteins, or metabolites, that detects genotypes, mutations, or chromosomal changes.
(B) Exceptions. The term "genetic test" does not mean an analysis of proteins or metabolites that does not detect genotypes, mutations, or chromosomal changes.
(May 21, 2008, P.L. 110-233.)