PRIA, Government Policy, Made Personal

Summary

Labor organizations must not treat members badly because of genetic information. They may not kick someone out, refuse to refer them for work, put them in a separate group, or otherwise hurt their job chances for genetic reasons. They also may not try to get an employer to do any of those things. Labor organizations may not ask for, require, or buy genetic information about a member or their family, with five exceptions: when family medical history is requested by mistake; when the union offers health or genetic services and the member gives written, informed permission and only the member and the health professional see identifiable results while the union only gets non‑identifying summaries for the service; when family medical history is needed for family or medical leave certification under federal or state rules; when the information comes from public publications (like newspapers or books) but not medical databases or court files; or when genetic monitoring for workplace toxins is done with written notice, consent (or legal requirement), individual results told to the member, required safety rules followed, and only anonymous summaries given to the union. Even then, the information cannot be used to discriminate or handled in ways that break other privacy rules.

Title 42, §2000ff–3

The Public Health and Welfare, Source: USLM XML via OLRC

(a)It shall be an unlawful employment practice for a labor organization—

(1)to exclude or to expel from the membership of the organization, or otherwise to discriminate against, any member because of genetic information with respect to the member;

(2)to limit, segregate, or classify the members of the organization, or fail or refuse to refer for employment any member, in any way that would deprive or tend to deprive any member of employment opportunities, or otherwise adversely affect the status of the member as an employee, because of genetic information with respect to the member; or

(3)to cause or attempt to cause an employer to discriminate against a member in violation of this chapter.

(b)It shall be an unlawful employment practice for a labor organization to request, require, or purchase genetic information with respect to a member or a family member of the member except—

(1)where a labor organization inadvertently requests or requires family medical history of the member or family member of the member;

(2)where—

(A)health or genetic services are offered by the labor organization, including such services offered as part of a wellness program;

(B)the member provides prior, knowing, voluntary, and written authorization;

(C)only the member (or family member if the family member is receiving genetic services) and the licensed health care professional or board certified genetic counselor involved in providing such services receive individually identifiable information concerning the results of such services; and

(D)any individually identifiable genetic information provided under subparagraph (C) in connection with the services provided under subparagraph (A) is only available for purposes of such services and shall not be disclosed to the labor organization except in aggregate terms that do not disclose the identity of specific members;

(3)where a labor organization requests or requires family medical history from the members to comply with the certification provisions of section 2613 of title 29 or such requirements under State family and medical leave laws;

(4)where a labor organization 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; or

(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—

(A)the labor organization provides written notice of the genetic monitoring to the member;

(B)(i)the member provides prior, knowing, voluntary, and written authorization; or

(ii)the genetic monitoring is required by Federal or State law;

(C)the member 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 promulgated by the Secretary of Labor pursuant to the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.), the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 et seq.), or the Atomic Energy 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 labor organization, 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 members.

(c)In the case of information to which any of paragraphs (1) through (5) of subsection (b) applies, such information may not be used in violation of paragraph (1), (2), or (3) of subsection (a) or treated or disclosed in a manner that violates section 2000ff–5 of this title.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Occupational Safety and Health Act of 1970, referred to in subsec. (b)(5)(D), is Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, which is classified principally to chapter 15 (§ 651 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see

Short Title

note set out under section 651 of Title 29 and Tables. The Federal Mine Safety and Health Act of 1977, referred to in subsec. (b)(5)(D)(i), is Pub. L. 91–173, Dec. 30, 1969, 83 Stat. 742, which is classified principally to chapter 22 (§ 801 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see

Short Title

note set out under section 801 of Title 30 and Tables. The Atomic Energy Act of 1954, referred to in subsec. (b)(5)(D)(i), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 2011 of this title and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 18 months after May 21, 2008, see section 213 of Pub. L. 110–233, set out as a note under section 2000ff of this title.

§2000ff–3 Labor Organization Practices

Summary

Title 42, §2000ff–3

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Statutory Notes and Related Subsidiaries

Effective Date

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