§ 2000ff. Definitions

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In this chapter:

(1)Commission The term “Commission” means the Equal Employment Opportunity Commission as created by section 2000e–4 of this title.

(2)Employee; employer; employment agency; labor organization; member

(A)In general The term “employee” means—

(i)an employee (including an applicant), as defined in section 2000e(f) of this title;

(ii)a State employee (including an applicant) described in section 2000e–16c(a) of this title;

(iii)a covered employee (including an applicant), as defined in section 1301 of title 2;

(iv)a covered employee (including an applicant), as defined in section 411(c) of title 3; or

(v)an employee or applicant to which section 2000e–16(a) of this title applies.

(B)Employer The term “employer” means—

(i)an employer (as defined in section 2000e(b) of this title);

(ii)an entity employing a State employee described in section 2000e–16c(a) of this title;

(iii)an employing office, as defined in section 1301 of title 2;

(iv)an employing office, as defined in section 411(c) of title 3; or

(v)an entity to which section 2000e–16(a) of this title applies.

(C)Employment agency; labor organization The terms “employment agency” and “labor organization” have the meanings given the terms in section 2000e of this title.

(D)Member The term “member”, with respect to a labor organization, includes an applicant for membership in a labor organization.

(3)Family member The term “family member” means, with respect to an individual—

(A)a dependent (as such term is used for purposes of section 1181(f)(2) of title 29) of such individual, and

(B)any other individual who is a first-degree, second-degree, third-degree, or fourth-degree relative of such individual or of an individual described in subparagraph (A).

(4)Genetic information

(A)In general 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.

(B)Inclusion of genetic services and participation in genetic research Such term includes, with respect to any individual, any request for, or receipt of, genetic services, or participation in clinical research which includes genetic services, by such individual or any family member of such individual.

(C)Exclusions The term “genetic information” shall not include information about the sex or age of any individual.

(5)Genetic monitoring The term “genetic monitoring” means the periodic examination of employees to evaluate acquired modifications to their genetic material, such as chromosomal damage or evidence of increased occurrence of mutations, that may have developed in the course of employment due to exposure to toxic substances in the workplace, in order to identify, evaluate, and respond to the effects of or control adverse environmental exposures in the workplace.

(6)Genetic services The term “genetic services” means—

(A)a genetic test;

(B)genetic counseling (including obtaining, interpreting, or assessing genetic information); or

(C)genetic education.

(7)Genetic test

(A)In general The term “genetic test” means an analysis of human DNA, RNA, chromosomes, proteins, or metabolites, that detects genotypes, mutations, or chromosomal changes.

(B)Exceptions The term “genetic test” does not mean an analysis of proteins or metabolites that does not detect genotypes, mutations, or chromosomal changes.

(Pub. L. 110–233, title II, § 201, May 21, 2008, 122 Stat. 905.)

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