42 USC 2000ff-5
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 42 USC 2000ff-5 | status: Specified | banner: CUI//SP-GENETIC.
- DoD authority row: 42 USC 2000ff-5. DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 42 USC 2000ff-5 | status: Specified | banner: CUI//SP-GENETIC
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Specified + Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Specified + Basic with banner CUI.
Extracted authority meaning
- Page 4691 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2000ff–5
- Registry designation context: Specified + Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- NARA category scope used with this authority: 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.
- DoD category scope used with this authority: Information about individual's genetic tests, the genetic tests of family members of such individual, and the manifestation of a disease or disorder in family members of such individual.
- 42 USC 2000ff-5 | status: Specified | banner: CUI//SP-GENETIC
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Specified + Basic. Per-authority NARA status values: Specified, Basic. NARA banner marking evidence: CUI, CUI//SP-GENETIC. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: 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.
- DoD category scope: Information about individual's genetic tests, the genetic tests of family members of such individual, and the manifestation of a disease or disorder in family members of such individual.
- Extracted authority condition: Confidentiality of genetic information (a) Treatment of information as part of confiden- tial medical record If an employer, employment agency, labor or- ganization, or joint labor-management commit- tee possesses genetic information about an em- ployee or member, such information shall be maintained on separate forms and in separate medical files and be treated as a confidential medical record of the employee or member.
- Extracted authority condition: (b) Limitation on disclosure An employer, employment agency, labor orga- nization, or joint labor-management committee shall not disclose genetic information concern- ing an employee or member except— (1) to the employee or member of a labor or- ganization (or family member if the family member is receiving the genetic services) at the written request of the employee or mem- ber of such organization; (2) to an occupational or other health re- searcher if the research is conducted in com- pliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations; (3) in response to an order of a court, except that— (A) the employer, employment agency, labor organization, or joint labor-manage-
- Extracted authority condition: The comma probably should not appear. ment committee may disclose only the ge- netic information expressly authorized by such order; and (B) if the court order was secured without the knowledge of the employee or member to whom the information refers, the employer, employment agency, labor organization, or joint labor-management committee shall in- form 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 inves- tigating compliance with this chapter 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 2613 of title 29 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 2000ff(4)(A)(iii) of this title and that concerns a contagious disease that presents 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 para- graph is notified of such disclosure.
Safeguarding and dissemination controls
- NARA registry control evidence: status Specified; banner marking CUI//SP-GENETIC.
- Nara basic or specified: Specified + Basic
- Nara authority rows: 42 USC 2000ff-5 | status: Specified | banner: CUI//SP-GENETIC || 29 CFR 1635.1(a)(3) | status: Basic | banner: CUI || 29 CFR 1635.9 | status: Specified | banner: CUI//SP-GENETIC
- Nara banner markings: CUI, CUI//SP-GENETIC
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: (b) Limitation on disclosure An employer, employment agency, labor orga- nization, or joint labor-management committee shall not disclose genetic information concern- ing an employee or member except— (1) to the employee or member of a labor or- ganization (or family member if the family member is receiving the genetic services) at the written request of the employee or mem- ber of such organization; (2) to an occupational or other health re- searcher if the research is conducted in com- pliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations; (3) in response to an order of a court, except that— (A) the employer, employment agency, labor organization, or joint labor-manage-
- Extracted authority control: Confidentiality of genetic information (a) Treatment of information as part of confiden- tial medical record If an employer, employment agency, labor or- ganization, or joint labor-management commit- tee possesses genetic information about an em- ployee or member, such information shall be maintained on separate forms and in separate medical files and be treated as a confidential medical record of the employee or member.
- Extracted authority control: The comma probably should not appear. ment committee may disclose only the ge- netic information expressly authorized by such order; and (B) if the court order was secured without the knowledge of the employee or member to whom the information refers, the employer, employment agency, labor organization, or joint labor-management committee shall in- form 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 inves- tigating compliance with this chapter 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 2613 of title 29 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 2000ff(4)(A)(iii) of this title and that concerns a contagious disease that presents 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 para- graph is notified of such disclosure.
- Extracted authority control: (c) Preservation of protections In the case of information to which any of paragraphs (1) through (6) of subsection (b) ap- plies, such information may not be used in vio- lation of paragraph (1), (2), or (3) of subsection (a) or treated or disclosed in a manner that vio- lates section 2000ff–5 of this title.
- Extracted authority control: Remedies and enforcement (a) Employees covered by title VII of the Civil Rights Act of 1964 (1) In general The powers, procedures, and remedies pro- vided in sections 705, 706, 707, 709, 710, and 711 of the Civil Rights Act of 1964 [42 U.S.C. 2000e–4 to 2000e–6, 2000e–8 to 2000e–10] to the Commission, the Attorney General, or any person, alleging a violation of title VII of that Act (42 U.S.C. 2000e et seq.) shall be the pow- ers, procedures, and remedies this chapter pro- vides to the Commission, the Attorney Gen- eral, or any person, respectively, alleging an unlawful employment practice in violation of this chapter against an employee described in section 2000ff(2)(A)(i) of this title, except as provided in paragraphs (2) and (3).
- Extracted authority control: (b) Employees covered by Government Employee Rights Act of 1991 (1) In general The powers, remedies, and procedures pro- vided in sections 302 and 304 of the Govern- ment Employee Rights Act of 1991 (42 U.S.C. 2000e–16b, 2000e–16c) to the Commission, or any person, alleging a violation of section 302(a)(1) of that Act (42 U.S.C. 2000e–16b(a)(1)) shall be the powers, remedies, and procedures this chapter provides to the Commission, or any person, respectively, alleging an unlawful em- ployment practice in violation of this chapter against an employee described in section 2000ff(2)(A)(ii) of this title, except as provided in paragraphs (2) and (3).
Authority excerpts
Most relevant extracted authority passage
(b) Limitation on disclosure An employer, employment agency, labor orga- nization, or joint labor-management committee shall not disclose genetic information concern- ing an employee or member except— (1) to the employee or member of a labor or- ganization (or family member if the family member is receiving the genetic services) at the written request of the employee or mem- ber of such organization; (2) to an occupational or other health re- searcher if the research is conducted in com- pliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations; (3) in response to an order of a court, except that— (A) the employer, employment agency, labor organization, or joint labor-manage-
Extracted authority passage 2
Confidentiality of genetic information (a) Treatment of information as part of confiden- tial medical record If an employer, employment agency, labor or- ganization, or joint labor-management commit- tee possesses genetic information about an em- ployee or member, such information shall be maintained on separate forms and in separate medical files and be treated as a confidential medical record of the employee or member.
Extracted authority passage 3
The comma probably should not appear. ment committee may disclose only the ge- netic information expressly authorized by such order; and (B) if the court order was secured without the knowledge of the employee or member to whom the information refers, the employer, employment agency, labor organization, or joint labor-management committee shall in- form 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 inves- tigating compliance with this chapter 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 2613 of title 29 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 2000ff(4)(A)(iii) of this title and that concerns a contagious disease that presents 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 para- graph is notified of such disclosure.
Extracted authority passage 5
(c) Preservation of protections In the case of information to which any of paragraphs (1) through (6) of subsection (b) ap- plies, such information may not be used in vio- lation of paragraph (1), (2), or (3) of subsection (a) or treated or disclosed in a manner that vio- lates section 2000ff–5 of this title.
Extracted authority passage 6
Remedies and enforcement (a) Employees covered by title VII of the Civil Rights Act of 1964 (1) In general The powers, procedures, and remedies pro- vided in sections 705, 706, 707, 709, 710, and 711 of the Civil Rights Act of 1964 [42 U.S.C. 2000e–4 to 2000e–6, 2000e–8 to 2000e–10] to the Commission, the Attorney General, or any person, alleging a violation of title VII of that Act (42 U.S.C. 2000e et seq.) shall be the pow- ers, procedures, and remedies this chapter pro- vides to the Commission, the Attorney Gen- eral, or any person, respectively, alleging an unlawful employment practice in violation of this chapter against an employee described in section 2000ff(2)(A)(i) of this title, except as provided in paragraphs (2) and (3).
29 CFR 1635.1(a)(3)
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 29 CFR 1635.1(a)(3) | status: Basic | banner: CUI.
- DoD authority row: 29 CFR 1635.1(a)(3). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 29 CFR 1635.1(a)(3) | status: Basic | banner: CUI
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Specified + Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Specified + Basic with banner CUI.
Extracted authority meaning
- do not violate part 1630 even if they result in
- Registry designation context: Specified + Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- NARA category scope used with this authority: 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.
- DoD category scope used with this authority: Information about individual's genetic tests, the genetic tests of family members of such individual, and the manifestation of a disease or disorder in family members of such individual.
- 29 CFR 1635.1(a)(3) | status: Basic | banner: CUI
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Specified + Basic. Per-authority NARA status values: Specified, Basic. NARA banner marking evidence: CUI, CUI//SP-GENETIC. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: 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.
- DoD category scope: Information about individual's genetic tests, the genetic tests of family members of such individual, and the manifestation of a disease or disorder in family members of such individual.
- Extracted authority condition: Title II of GINA: (1) Prohibits use of genetic informa- tion in employment decision-making; (2) Restricts employers and other en- tities subject to Title II of GINA from requesting, requiring, or purchasing ge- netic information; (3) Requires that genetic information be maintained as a confidential med- ical record, and places strict limits on disclosure of genetic information; and (4) Provides remedies for individuals whose genetic information is acquired, used, or disclosed in violation of its protections.
- Extracted authority condition: For example, this part would not apply to: (1) A medical examination of an indi- vidual for the purpose of diagnosis and treatment unrelated to employment, which is conducted by a health care professional at the hospital or other health care facility where the indi- vidual is an employee; or (2) Activities of a covered entity car- ried on in its capacity as a law enforce- ment agency investigating criminal conduct, even where the subject of the investigation is an employee of the covered entity. § 1635.2 Definitions—general.
- Extracted authority condition: (b) Covered Entity means an em- ployer, employing office, employment agency, labor organization, or joint labor-management committee.
- Extracted authority condition: (c) Employee means an individual em- ployed by a covered entity, as well as an applicant for employment and a
- Extracted authority condition: (a) Commission means the Equal Em- ployment Opportunity Commission, as established by section 705 of the Civil Rights Act of 1964, 42 U.S.C. 2000e–4.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- Nara basic or specified: Specified + Basic
- Nara authority rows: 42 USC 2000ff-5 | status: Specified | banner: CUI//SP-GENETIC || 29 CFR 1635.1(a)(3) | status: Basic | banner: CUI || 29 CFR 1635.9 | status: Specified | banner: CUI//SP-GENETIC
- Nara banner markings: CUI, CUI//SP-GENETIC
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: Title II of GINA: (1) Prohibits use of genetic informa- tion in employment decision-making; (2) Restricts employers and other en- tities subject to Title II of GINA from requesting, requiring, or purchasing ge- netic information; (3) Requires that genetic information be maintained as a confidential med- ical record, and places strict limits on disclosure of genetic information; and (4) Provides remedies for individuals whose genetic information is acquired, used, or disclosed in violation of its protections.
- Extracted authority control: However, an employer or other covered en- tity cannot deny an individual with a dis- ability who is qualified equal access to insur- ance or subject an individual with a dis- ability who is qualified to different terms or conditions of insurance based on disability alone, if the disability does not pose in- creased risks.
- Extracted authority control: For example, this part would not apply to: (1) A medical examination of an indi- vidual for the purpose of diagnosis and treatment unrelated to employment, which is conducted by a health care professional at the hospital or other health care facility where the indi- vidual is an employee; or (2) Activities of a covered entity car- ried on in its capacity as a law enforce- ment agency investigating criminal conduct, even where the subject of the investigation is an employee of the covered entity. § 1635.2 Definitions—general.
Authority excerpts
Most relevant extracted authority passage
Title II of GINA: (1) Prohibits use of genetic informa- tion in employment decision-making; (2) Restricts employers and other en- tities subject to Title II of GINA from requesting, requiring, or purchasing ge- netic information; (3) Requires that genetic information be maintained as a confidential med- ical record, and places strict limits on disclosure of genetic information; and (4) Provides remedies for individuals whose genetic information is acquired, used, or disclosed in violation of its protections.
Extracted authority passage 2
However, an employer or other covered en- tity cannot deny an individual with a dis- ability who is qualified equal access to insur- ance or subject an individual with a dis- ability who is qualified to different terms or conditions of insurance based on disability alone, if the disability does not pose in- creased risks.
Extracted authority passage 3
For example, this part would not apply to: (1) A medical examination of an indi- vidual for the purpose of diagnosis and treatment unrelated to employment, which is conducted by a health care professional at the hospital or other health care facility where the indi- vidual is an employee; or (2) Activities of a covered entity car- ried on in its capacity as a law enforce- ment agency investigating criminal conduct, even where the subject of the investigation is an employee of the covered entity. § 1635.2 Definitions—general.
Extracted authority passage 4
(b) Covered Entity means an em- ployer, employing office, employment agency, labor organization, or joint labor-management committee.
Extracted authority passage 5
(c) Employee means an individual em- ployed by a covered entity, as well as an applicant for employment and a
Extracted authority passage 6
(a) Commission means the Equal Em- ployment Opportunity Commission, as established by section 705 of the Civil Rights Act of 1964, 42 U.S.C. 2000e–4.
29 CFR 1635.9
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 29 CFR 1635.9 | status: Specified | banner: CUI//SP-GENETIC.
- DoD authority row: 29 CFR 1635.9. DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 29 CFR 1635.9 | status: Specified | banner: CUI//SP-GENETIC
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Specified + Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Specified + Basic with banner CUI.
Extracted authority meaning
- monitoring regulations, in the case of a
- Registry designation context: Specified + Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- NARA category scope used with this authority: 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.
- DoD category scope used with this authority: Information about individual's genetic tests, the genetic tests of family members of such individual, and the manifestation of a disease or disorder in family members of such individual.
- 29 CFR 1635.9 | status: Specified | banner: CUI//SP-GENETIC
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Specified + Basic. Per-authority NARA status values: Specified, Basic. NARA banner marking evidence: CUI, CUI//SP-GENETIC. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: 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.
- DoD category scope: Information about individual's genetic tests, the genetic tests of family members of such individual, and the manifestation of a disease or disorder in family members of such individual.
- Extracted authority condition: A covered entity that possesses any genetic information, regardless of how the entity obtained the informa- tion (except for genetic information ac- quired through commercially and pub- licly available sources), may not dis- close it except: (1) To the employee or member (or family member if the family member is receiving the genetic services) about whom the information pertains upon receipt of the employee’s or member’s written request; (2) To an occupational or other health researcher if the research is conducted in compliance with the regu- lations and protections provided for under 45 CFR part 46; (3) In response to an order of a court, except that the covered entity may dis- close only the genetic information ex- pressly authorized by such order; and if the court order was secured without the knowledge of the employee or member to whom the information re- fers, the covered entity 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 inves- tigating compliance with this title if the information is relevant to the in- vestigation; (5) To the extent that such disclosure is made in support of an employee’s compliance with the certification pro- visions of section 103 of the Family and Medical Leave Act of 1993 (29 U.S.C.
- Extracted authority condition: (e) A covered entity may not use ge- netic information obtained pursuant to subparagraphs (b) or (c) of this section to discriminate, as defined by §§ 1635.4, 1635.5, or 1635.6, and must keep such in- formation confidential as required by § 1635.9. [75 FR 68932, Nov. 9, 2010, as amended at 81 FR 31157, May 17, 2016] § 1635.9 Confidentiality.
- Extracted authority condition: Nor does an employer unlawfully acquire genetic information about an employee when it seeks infor- mation—through a medical question- naire, a medical examination, or both— about the manifestation of disease, dis- order, or pathological condition of the employee’s family member who is com- pleting a health risk assessment on a voluntary basis in connection with the family member’s receipt of health or genetic services (including health or genetic services provided as part of an employer-sponsored wellness program) offered by the employer in compliance with paragraph (b)(2) of this section.
- Extracted authority condition: (4) Genetic information that a cov- ered entity acquires through sources that are commercially and publicly available, as provided by, and subject to the limitations in, 1635.8(b)(4) of this part, is not considered confidential ge- netic information, but may not be used to discriminate against an individual as described in §§ 1635.4, 1635.5, or 1635.6 of this part.
- Extracted authority condition: For example, an employer will not violate this section by asking someone whose sister also works for the employer to take a post-offer med- ical examination that does not include requests for genetic information.
Safeguarding and dissemination controls
- NARA registry control evidence: status Specified; banner marking CUI//SP-GENETIC.
- Nara basic or specified: Specified + Basic
- Nara authority rows: 42 USC 2000ff-5 | status: Specified | banner: CUI//SP-GENETIC || 29 CFR 1635.1(a)(3) | status: Basic | banner: CUI || 29 CFR 1635.9 | status: Specified | banner: CUI//SP-GENETIC
- Nara banner markings: CUI, CUI//SP-GENETIC
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: A covered entity that possesses any genetic information, regardless of how the entity obtained the informa- tion (except for genetic information ac- quired through commercially and pub- licly available sources), may not dis- close it except: (1) To the employee or member (or family member if the family member is receiving the genetic services) about whom the information pertains upon receipt of the employee’s or member’s written request; (2) To an occupational or other health researcher if the research is conducted in compliance with the regu- lations and protections provided for under 45 CFR part 46; (3) In response to an order of a court, except that the covered entity may dis- close only the genetic information ex- pressly authorized by such order; and if the court order was secured without the knowledge of the employee or member to whom the information re- fers, the covered entity 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 inves- tigating compliance with this title if the information is relevant to the in- vestigation; (5) To the extent that such disclosure is made in support of an employee’s compliance with the certification pro- visions of section 103 of the Family and Medical Leave Act of 1993 (29 U.S.C.
- Extracted authority control: (4) Genetic information that a cov- ered entity acquires through sources that are commercially and publicly available, as provided by, and subject to the limitations in, 1635.8(b)(4) of this part, is not considered confidential ge- netic information, but may not be used to discriminate against an individual as described in §§ 1635.4, 1635.5, or 1635.6 of this part.
- Extracted authority control: Pursuant to § 1635.11(d) of this part, nothing in this section shall be construed as applying to the use or dis- closure of genetic information that is protected health information subject to the regulations issued pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996. § 1635.10 Enforcement and remedies.
- Extracted authority control: (2) A covered entity may maintain genetic information about an employee or member in the same file in which it maintains confidential medical infor- mation subject to section 102(d)(3)(B) of the Americans with Disabilities Act, 42 U.S.C. 12112(d)(3)(B).
- Extracted authority control: (3) Genetic information that a cov- ered entity receives orally need not be reduced to writing, but may not be dis- closed, except as permitted by this part.
- Extracted authority control: (5) Genetic information placed in per- sonnel files prior to November 21, 2009 need not be removed and a covered en- tity will not be liable under this part for the mere existence of the informa- tion in the file.
- Extracted authority control: (a) Powers and procedures: The fol- lowing powers and procedures shall apply to allegations that Title II of GINA has been violated: (1) The powers and procedures pro- vided to the Commission, the Attorney General, or any person by sections 705 through 707 and 709 through 711 of the Civil Rights Act of 1964, 42 U.S.C. 2000e– 4 through 2000e–6 and 2000e–8 through 2000e–10, where the alleged discrimina- tion is against an employee defined in 1635.2(c)(1) of this part or against a member of a labor organization;
Authority excerpts
Most relevant extracted authority passage
A covered entity that possesses any genetic information, regardless of how the entity obtained the informa- tion (except for genetic information ac- quired through commercially and pub- licly available sources), may not dis- close it except: (1) To the employee or member (or family member if the family member is receiving the genetic services) about whom the information pertains upon receipt of the employee’s or member’s written request; (2) To an occupational or other health researcher if the research is conducted in compliance with the regu- lations and protections provided for under 45 CFR part 46; (3) In response to an order of a court, except that the covered entity may dis- close only the genetic information ex- pressly authorized by such order; and if the court order was secured without the knowledge of the employee or member to whom the information re- fers, the covered entity 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 inves- tigating compliance with this title if the information is relevant to the in- vestigation; (5) To the extent that such disclosure is made in support of an employee’s compliance with the certification pro- visions of section 103 of the Family and Medical Leave Act of 1993 (29 U.S.C.
Extracted authority passage 2
(4) Genetic information that a cov- ered entity acquires through sources that are commercially and publicly available, as provided by, and subject to the limitations in, 1635.8(b)(4) of this part, is not considered confidential ge- netic information, but may not be used to discriminate against an individual as described in §§ 1635.4, 1635.5, or 1635.6 of this part.
Extracted authority passage 3
Pursuant to § 1635.11(d) of this part, nothing in this section shall be construed as applying to the use or dis- closure of genetic information that is protected health information subject to the regulations issued pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996. § 1635.10 Enforcement and remedies.
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(2) A covered entity may maintain genetic information about an employee or member in the same file in which it maintains confidential medical infor- mation subject to section 102(d)(3)(B) of the Americans with Disabilities Act, 42 U.S.C. 12112(d)(3)(B).
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(3) Genetic information that a cov- ered entity receives orally need not be reduced to writing, but may not be dis- closed, except as permitted by this part.
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(e) A covered entity may not use ge- netic information obtained pursuant to subparagraphs (b) or (c) of this section to discriminate, as defined by §§ 1635.4, 1635.5, or 1635.6, and must keep such in- formation confidential as required by § 1635.9. [75 FR 68932, Nov. 9, 2010, as amended at 81 FR 31157, May 17, 2016] § 1635.9 Confidentiality.