12 2 STA T .9 1 4PUBLIC LA W 11 0– 2 3 3 —M A Y 21 , 200 8(1)to t he e mpl o y eeo r mem b ero fa labor or g a niz ation (or family member if the family member i s re c ei v ing the genetic services) at the w ritten re qu est of the employee or member of such organization
( 2 ) to an occupational or other health researcher if the research is con d ucted in compliance with the regulations and protections provided for under part 46 of title 4 5,C ode of F ederal R egulations; ( 3 ) in response to an order of a court, e x cept that — ( A ) the employer, employment agency, labor organiza - tion, or j oint labor-management committee may disclose only the genetic information expressly authorized by such order; and ( B ) if the court order was secured without the k nowl- edge of the employee or member to whom the information refers, the employer, employment agency, labor organiza- tion, or joint labor-management committee shall inform the employee or member of the court order and any genetic information that was disclosed pursuant to such order; (4) to government officials who are investigating compliance with this title if the information is relevant to the investigation; (5) to the extent that such disclosure is made in connection with the employee ’ s compliance with the certification provisions of section 1 0 3 of the Family and M edical L eave Act of 1 9 93 (29 U.S .C. 2613) or such requirements under State family and medical leave laws; or (6) to a Federal, State, or local public health agency only with regard to information that is described in section 201(4)(A)(iii) and that concerns a contagious disease that pre- sents an imminent hazard of death or life-threatening illness, and that the employee whose family member or family members is or are the subject of a disclosure under this paragraph is notified of such disclosure. (c) R ELATIONSH I P TO HIP AA RE GU LATIONS.— W ith respect to the regulations promulgated by the Secretary of Health and Human Services under part C of title X I of the Social Security Act (42 U.S.C. 1320d et seq.) and section 264 of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d – 2 note), this title does not prohibit a covered entity under such regulations from any use or disclosure of health information that is authorized for the covered entity under such regulations. T he previous sentence does not affect the authority of such Secretary to modify such regulations. SEC.207 . R E M E DI ES AN DEN FO RCEMEN T . (a) EM PLO Y EES CO V E R E DB Y TITLE V IIO F THE CIVIL RIGHTS A C T OF 1964.— (1) IN GENERAL.—The powers, procedures, and remedies provided in sections 7 05, 706, 707, 709, 710, and 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–4 et seq.) to the Commission, the Attorney G eneral, or any person, alleging a violation of title VII of that Act (42 U.S.C. 2000e et seq.) shall be the powers, procedures, and remedies this title provides to the Commission, the Attorney General, or any person, respec- tively, alleging an unlawful employment practice in violation of this title against an employee described in section 201(2)(A)(i), except as provided in paragraphs (2) and (3). 42USC 2 0 00 f f –6.
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