12 2 STA T .9 11 PUBLIC LA W 11 0– 2 3 3 —M A Y 21 , 200 8to t helab o r or g a niz ation e xc e p t in aggregate ter ms that d o not disclose the identit y o f specific members
- (3)w
here a labor organization re qu ests or requires family medical history from the members to comply with the certifi - cation pro v isions of section 10 3of the F amily and M edical L eave A ctof1 9 93( 2 9 U.S . C .2 6 13) 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 boo k s, 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 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 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) PRES ER VATION O F PROTE C TIONS.— I n 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 206. SEC.205 . TRAIN IN GP R O GRA M S. (a) DISCRI M INATION BASE D ON G ENETIC INFORMATION.—It shall be an unlawful employment practice for any employer, labor organization, or j oint labor-management committee controlling apprenticeship or other training or retraining, including on-the- job training programs— (1) to discriminate against any individual because of genetic information with respect to the individual in admission to, or employment in, any program established to provide apprenticeship or other training or retraining; 42USC 2 0 00 f f – 4 .
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