§2000ff–3 Labor organization practices

Summary

Labor organizations must not exclude, expel, or treat a member badly because of that person’s genetic information. They cannot limit, separate, rank, or refuse to refer members for work in ways that hurt their job chances because of genetic information. They also must not try to get an employer to discriminate against a member for genetic reasons. Labor organizations may not ask for, require, or buy genetic information about a member or a family member except in a few specific cases. Allowed cases include: accidental requests for family medical history; when the union offers health or genetic services (including wellness) and the member gives prior, knowing, voluntary, written permission and only the member and the licensed provider see identifiable results, with only non‑identifying totals shared with the union; when family medical history is needed to meet certification rules of section 2613 of title 29 or state family and medical leave laws; when the union buys publicly sold materials (like newspapers, magazines, or books) that include family medical history; and for genetic monitoring of workplace toxins if the member gets written notice, gives consent (or it is required by law), receives individual results, the monitoring follows applicable federal or state rules (including rules under the Occupational Safety and Health Act of 1970, the Federal Mine Safety and Health Act of 1977, or the Atomic Energy Act of 1954), and the union only gets aggregate, non‑identifying results. Information from these exceptions still cannot be used to discriminate or handled in ways that violate the privacy protections in section 2000ff–5.