cfr_sections
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12 rows where agency = "EEOC" and part_number = 1635 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 29:29:4.1.4.1.21.0.26.1 | 29 | Labor | XIV | 1635 | PART 1635—GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008 | § 1635.1 Purpose. | EEOC | (a) The purpose of this part is to implement Title II of the Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. 2000ff, et seq. Title II of GINA: (1) Prohibits use of genetic information in employment decision-making; (2) Restricts employers and other entities subject to Title II of GINA from requesting, requiring, or purchasing genetic information; (3) Requires that genetic information be maintained as a confidential medical 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. (b) This part does not apply to actions of covered entities that do not pertain to an individual's status as an employee, member of a labor organization, or participant in an apprenticeship program. For example, this part would not apply to: (1) A medical examination of an individual 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 individual is an employee; or (2) Activities of a covered entity carried on in its capacity as a law enforcement agency investigating criminal conduct, even where the subject of the investigation is an employee of the covered entity. | |||||||
| 29:29:4.1.4.1.21.0.26.10 | 29 | Labor | XIV | 1635 | PART 1635—GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008 | § 1635.10 Enforcement and remedies. | EEOC | (a) Powers and procedures: The following powers and procedures shall apply to allegations that Title II of GINA has been violated: (1) The powers and procedures provided 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 discrimination is against an employee defined in 1635.2(c)(1) of this part or against a member of a labor organization; (2) The powers and procedures provided to the Commission and any person by sections 302 and 304 of the Government Employees Rights Act, 42 U.S.C. 2000e-16b and 2000e-16c, and in regulations at 29 CFR part 1603, where the alleged discrimination is against an employee as defined in § 1635.2(c)(2) of this part; (3) The powers and procedures provided to the Board of Directors of the Office of Compliance and to any person under the Congressional Accountability Act, 2 U.S.C. 1301 et seq. (including the provisions of Title 3 of that act, 2 U.S.C. 1381 et seq. ), where the alleged discrimination is against an employee defined in § 1635.2(c)(3) of this part; (4) The powers and procedures provided in 3 U.S.C. 451 et seq., to the President, the Commission, or any person in connection with an alleged violation of section 3 U.S.C. 411(a)(1), where the alleged discrimination is against an employee defined in § 1635.2(c)(4) of this part; (5) The powers and procedures provided to the Commission, the Librarian of Congress, and any person by section 717 of the Civil Rights Act, 42 U.S.C. 2000e-16, where the alleged discrimination is against an employee defined in § 1635.2(c)(5) of this part. (b) Remedies. The following remedies are available for violations of GINA sections 202, 203, 204, 205, 206, and 207(f): (1) Compensatory and punitive damages as provided for, and limited by, 42 U.S.C. 1981a(a)(1) and (b); (2) Reasonable attorney's fees, including expert fees, as provided for, and limited by, 42 U.S.C. 1988(b) an… | |||||||
| 29:29:4.1.4.1.21.0.26.11 | 29 | Labor | XIV | 1635 | PART 1635—GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008 | § 1635.11 Construction. | EEOC | [75 FR 68932, Nov. 9, 2010, as amended at 81 FR 31159, May 17, 2016] | (a) Relationship to other laws, generally. This part does not— (1) Limit the rights or protections of an individual under any other Federal, State, or local law that provides equal or greater protection to an individual than the rights or protections provided for under this part, including the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq. ), the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq. ), and State and local laws prohibiting genetic discrimination or discrimination on the basis of disability; (2) Apply to the Armed Forces Repository of Specimen Samples for the Identification of Remains; (3) Limit or expand the protections, rights, or obligations of employees or employers under applicable workers' compensation laws; (4) Limit the authority of a Federal department or agency to conduct or sponsor occupational or other health research in compliance with the regulations and protections provided for under 45 CFR part 46; (5) Limit the statutory or regulatory authority of the Occupational Safety and Health Administration or the Mine Safety and Health Administration to promulgate or enforce workplace safety and health laws and regulations; or (6) Require any specific benefit for an employee or member or a family member of an employee or member (such as additional coverage for a particular health condition that may have a genetic basis) under any group health plan or health insurance issuer offering group health insurance coverage in connection with a group health plan. (b) Relation to certain Federal laws governing health coverage —(1) General: Nothing in GINA Title II provides for enforcement of, or penalties for, violation of any requirement or prohibition of a covered entity subject to enforcement under: (i) Amendments made by Title I of GINA. (ii) Section 701(a) of the Employee Retirement Income Security Act (29 U.S.C. 1181) (ERISA), section 2704(a) of the Public Health Service Act, and section 9801(a) of the Internal Revenue Code (26 U.S.C. 9801(a)), as such sections apply… | ||||||
| 29:29:4.1.4.1.21.0.26.12 | 29 | Labor | XIV | 1635 | PART 1635—GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008 | § 1635.12 Medical information that is not genetic information. | EEOC | (a) Medical information about a manifested disease, disorder, or pathological condition. (1) A covered entity shall not be considered to be in violation of this part based on the use, acquisition, or disclosure of medical information that is not genetic information about a manifested disease, disorder, or pathological condition of an employee or member, even if the disease, disorder, or pathological condition has or may have a genetic basis or component. (2) Notwithstanding paragraph (a)(1) of this section, the acquisition, use, and disclosure of medical information that is not genetic information about a manifested disease, disorder, or pathological condition is subject to applicable limitations under sections 103(d)(1)-(4) of the Americans with Disabilities Act (42 U.S.C. 12112(d)(1)-(4)), and regulations at 29 CFR 1630.13, 1630.14, and 1630.16. (b) Genetic information related to a manifested disease, disorder, or pathological condition. Notwithstanding paragraph (a) of this section, genetic information about a manifested disease, disorder, or pathological condition is subject to the requirements and prohibitions in sections 202 through 206 of GINA and §§ 1635.4 through 1635.9 of this part. | |||||||
| 29:29:4.1.4.1.21.0.26.2 | 29 | Labor | XIV | 1635 | PART 1635—GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008 | § 1635.2 Definitions—general. | EEOC | (a) Commission means the Equal Employment Opportunity Commission, as established by section 705 of the Civil Rights Act of 1964, 42 U.S.C. 2000e-4. (b) Covered Entity means an employer, employing office, employment agency, labor organization, or joint labor-management committee. (c) Employee means an individual employed by a covered entity, as well as an applicant for employment and a former employee. An employee, including an applicant for employment and a former employee, is: (1) As defined by section 701 of the Civil Rights Act of 1964, 42 U.S.C. 2000e, an individual employed by a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year and any agent of such a person; (2) As defined by section 304(a) of the Government Employee Rights Act, 42 U.S.C. 2000e-16c(a), a person chosen or appointed by an individual elected to public office by a State or political subdivision of a State to serve as part of the personal staff of the elected official, to serve the elected official on a policy-making level, or to serve the elected official as the immediate advisor on the exercise of the elected official's constitutional or legal powers. (3) As defined by section 101 of the Congressional Accountability Act, 2 U.S.C. 1301, any employee of the House of Representatives, the Senate, the Capitol Guide Service, the Capitol Police, the Congressional Budget Office, the Office of the Architect of the Capitol, the Office of the Attending Physician, the Office of Compliance, or the Office of Technology Assessment; (4) As defined by, and subject to the limitations in, section 2(a) of the Presidential and Executive Office Accountability Act, 3 U.S.C. 411(c), any employee of the executive branch not otherwise covered by section 717 of the Civil Rights Act of 1964, 42 U.S.C. 2000e-16, section 15 of the Age Discrimination in Employment Act of 1967, 29 U.S.C. 633a, or section 501 of the Rehabilitatio… | |||||||
| 29:29:4.1.4.1.21.0.26.3 | 29 | Labor | XIV | 1635 | PART 1635—GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008 | § 1635.3 Definitions specific to GINA. | EEOC | (a) Family member means with respect to any individual: (1) A person who is a dependent of that individual as the result of marriage, birth, adoption, or placement for adoption; or (2) A first-degree, second-degree, third-degree, or fourth-degree relative of the individual, or of a dependent of the individual as defined in § 1635.3(a)(1). (i) First-degree relatives include an individual's parents, siblings, and children. (ii) Second-degree relatives include an individual's grandparents, grandchildren, uncles, aunts, nephews, nieces, and half-siblings. (iii) Third-degree relatives include an individual's great-grandparents, great grandchildren, great uncles/aunts, and first cousins. (iv) Fourth-degree relatives include an individual's great-great-grandparents, great-great-grandchildren, and first cousins once-removed (i.e., the children of the individual's first cousins). (b) Family medical history. Family medical history means information about the manifestation of disease or disorder in family members of the individual. (c) Genetic information. (1) Genetic information means information about: (i) An individual's genetic tests; (ii) The genetic tests of that individual's family members; (iii) The manifestation of disease or disorder in family members of the individual (family medical history); (iv) An individual's request for, or receipt of, genetic services, or the participation in clinical research that includes genetic services by the individual or a family member of the individual; or (v) The genetic information of a fetus carried by an individual or by a pregnant woman who is a family member of the individual and the genetic information of any embryo legally held by the individual or family member using an assisted reproductive technology. (2) Genetic information does not include information about the sex or age of the individual, the sex or age of family members, or information about the race or ethnicity of the individual or family members that is not derived from a genetic test. (d) … | |||||||
| 29:29:4.1.4.1.21.0.26.4 | 29 | Labor | XIV | 1635 | PART 1635—GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008 | § 1635.4 Prohibited practices—in general. | EEOC | (a) It is unlawful for an employer to discriminate against an individual on the basis of the genetic information of the individual in regard to hiring, discharge, compensation, terms, conditions, or privileges of employment. (b) It is unlawful for an employment agency to fail or refuse to refer any individual for employment or otherwise discriminate against any individual because of genetic information of the individual. (c) It is unlawful for a labor organization 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. (d) It is an unlawful employment practice for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs, including on-the-job training programs to discriminate against any individual because of the individual's genetic information in admission to, or employment in, any program established to provide apprenticeship or other training or retraining. | |||||||
| 29:29:4.1.4.1.21.0.26.5 | 29 | Labor | XIV | 1635 | PART 1635—GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008 | § 1635.5 Limiting, segregating, and classifying. | EEOC | (a) A covered entity may not limit, segregate, or classify an individual, or fail or refuse to refer for employment any individual, in any way that would deprive or tend to deprive the individual of employment opportunities or otherwise affect the status of the individual as an employee, because of genetic information with respect to the individual. A covered entity will not be deemed to have violated this section if it limits or restricts an employee's job duties based on genetic information because it was required to do so by a law or regulation mandating genetic monitoring, such as regulations administered by the Occupational and Safety Health Administration (OSHA). See 1635.8(b)(5) and 1635.11(a). (b) Notwithstanding any language in this part, a cause of action for disparate impact within the meaning of section 703(k) of the Civil Rights Act of 1964, 42 U.S.C. 2000e-2(k), is not available under this part. | |||||||
| 29:29:4.1.4.1.21.0.26.6 | 29 | Labor | XIV | 1635 | PART 1635—GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008 | § 1635.6 Causing a covered entity to discriminate. | EEOC | A covered entity may not cause or attempt to cause another covered entity, or its agent, to discriminate against an individual in violation of this part, including with respect to the individual's participation in an apprenticeship or other training or retraining program, or with respect to a member's participation in a labor organization. | |||||||
| 29:29:4.1.4.1.21.0.26.7 | 29 | Labor | XIV | 1635 | PART 1635—GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008 | § 1635.7 Retaliation. | EEOC | A covered entity may not discriminate against any individual because such individual has opposed any act or practice made unlawful by this title or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this title. | |||||||
| 29:29:4.1.4.1.21.0.26.8 | 29 | Labor | XIV | 1635 | PART 1635—GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008 | § 1635.8 Acquisition of genetic information. | EEOC | [75 FR 68932, Nov. 9, 2010, as amended at 81 FR 31157, May 17, 2016; 83 FR 65297, Dec. 20, 2018] | (a) General prohibition. A covered entity may not request, require, or purchase genetic information of an individual or family member of the individual, except as specifically provided in paragraph (b) of this section. “Request” includes conducting an Internet search on an individual in a way that is likely to result in a covered entity obtaining genetic information; actively listening to third-party conversations or searching an individual's personal effects for the purpose of obtaining genetic information; and making requests for information about an individual's current health status in a way that is likely to result in a covered entity obtaining genetic information. (b) Exceptions. The general prohibition against requesting, requiring, or purchasing genetic information does not apply: (1) Where a covered entity inadvertently requests or requires genetic information of the individual or family member of the individual. (i) Requests for Medical Information: (A) If a covered entity acquires genetic information in response to a lawful request for medical information, the acquisition of genetic information will not generally be considered inadvertent unless the covered entity directs the individual and/or health care provider from whom it requested medical information (in writing, or verbally, where the covered entity does not typically make requests for medical information in writing) not to provide genetic information. (B) If a covered entity uses language such as the following, any receipt of genetic information in response to the request for medical information will be deemed inadvertent: “The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, we are asking that you not provide any genetic information when responding to this request for medical information. ‘Geneti… | ||||||
| 29:29:4.1.4.1.21.0.26.9 | 29 | Labor | XIV | 1635 | PART 1635—GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008 | § 1635.9 Confidentiality. | EEOC | (a) Treatment of genetic information. (1) A covered entity that possesses genetic information in writing about an employee or member must maintain such information on forms and in medical files (including where the information exists in electronic forms and files) that are separate from personnel files and treat such information as a confidential medical record. (2) A covered entity may maintain genetic information about an employee or member in the same file in which it maintains confidential medical information subject to section 102(d)(3)(B) of the Americans with Disabilities Act, 42 U.S.C. 12112(d)(3)(B). (3) Genetic information that a covered entity receives orally need not be reduced to writing, but may not be disclosed, except as permitted by this part. (4) Genetic information that a covered 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 genetic information, but may not be used to discriminate against an individual as described in §§ 1635.4, 1635.5, or 1635.6 of this part. (5) Genetic information placed in personnel files prior to November 21, 2009 need not be removed and a covered entity will not be liable under this part for the mere existence of the information in the file. However, the prohibitions on use and disclosure of genetic information apply to all genetic information that meets the statutory definition, including genetic information requested, required, or purchased prior to November 21, 2009. (b) Exceptions to limitations on disclosure. A covered entity that possesses any genetic information, regardless of how the entity obtained the information (except for genetic information acquired through commercially and publicly available sources), may not disclose 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 … |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);