THE WHITE HOUSE
Office of the Press Secretary
EXECUTIVE ORDER 13145
TO PROHIBIT DISCRIMINATION IN FEDERAL EMPLOYMENT
BASED ON GENETIC INFORMATION
By the authority vested in me as President of the United States by the Constitution and the laws of the United States of America, it is ordered as follows:
Section 1. Nondiscrimination in Federal Employment on the Basis of Protected Genetic Information.
1-101. It is the policy of the Government of the United States to provide equal employment opportunity in Federal employment for all qualified persons and to prohibit discrimination against employees based on protected genetic information, or information about a request for or the receipt of genetic services. This policy of equal opportunity applies to every aspect of Federal employment.
1-102. The head of each Executive department and agency shall extend the policy set forth in section 1-101 to all its employees covered by section 717 of Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000e-16).
1-103. Executive departments and agencies shall carry out the provisions of this order to the extent permitted by law and consistent with their statutory and regulatory authorities, and their enforcement mechanisms. The Equal Employment Opportunity Commission shall be responsible for coordinating the policy of the Government of the United States to prohibit discrimination against employees in Federal employment based on protected genetic information, or information about a request for or the receipt of genetic services.
Sec. 2. Requirements Applicable to Employing Departments and Agencies.
1-201. Definitions.
(a) The term "employee" shall include an employee, applicant for
employment, or former employee covered by section 717 of the
Civil Rights Act of 1964, as amended (42 U.S.C. 2000e-16).
(b) 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, respond to the
effects of, or control adverse environmental exposures in the
workplace.
(c) Genetic services means health services, including genetic
tests, provided to obtain, assess, or interpret genetic
information for diagnostic or therapeutic purposes, or for
genetic education or counseling.
(d) Genetic test means the analysis of human DNA, RNA, chromosomes,
proteins, or certain metabolites in order to detect
disease-related genotypes or mutations. Tests for metabolites
fall within the definition of "genetic tests" when an excess or
deficiency of the metabolites indicates the presence of a
mutation or mutations. The conducting of metabolic tests by a
department or agency that are not intended to reveal the
presence of a mutation shall not be considered a violation of
this order, regardless of the results of the tests. Test
results revealing a mutation shall, however, be subject to the
provisions of this order.
(e) Protected genetic information.
(1) In general, protected genetic information means:
(A) information about an individual's genetic tests;
(B) information about the genetic tests of an
individual's family members; or
(C) information about the occurrence of a disease, or
medical condition or disorder in family members of the
individual.
(2) Information about an individual's current health status
(including infor-mation about sex, age, physical exams,
and chemical, blood, or urine analyses) is not protected
genetic information unless it is described in
subparagraph (1).
1-202. In discharging their responsibilities under this order, departments and agencies shall implement the following nondiscrimination requirements.
(a) The employing department or agency shall not discharge, fail or
refuse to hire, or otherwise discriminate against any employee
with respect to the compensation, terms, conditions, or
privileges of employment of that employee, because of
pro-tected genetic information with respect to the employee, or
because of information about a request for or the receipt of
genetic services by such employee.
(b) The employing department or agency shall not limit, segregate,
or classify employees in any way that would deprive or tend to
deprive any employee of employment opportunities or otherwise
adversely affect that employee's status, because of protected
genetic information with respect to the employee or because of
information about a request for or the receipt of genetic
services by such employee.
(c) The employing department or agency shall not request, require,
collect, or purchase protected genetic information with respect
to an employee, or information about a request for or the
receipt of genetic services by such employee.
(d) The employing department or agency shall not disclose protected
genetic information with respect to an employee, or information
about a request for or the receipt of genetic services by an
employee except:
(1) to the employee who is the subject of the information, at
his or her request;
(2) to an occupational or other health researcher, if the
research conducted complies with the regulations and
protections provided for under part 46 of title 45, of the
Code of Federal Regulations;
(3) if required by a Federal statute, congressional subpoena,
or an order issued by a court of competent jurisdiction,
except that if the subpoena or court order was secured
without the knowledge of the individual to whom the
information refers, the employer shall provide the
individual with adequate notice to challenge the subpoena
or court order, unless the subpoena or court order also
imposes confidentiality requirements; or
(4) to executive branch officials investigating compliance
with this order, if the information is relevant to the
investigation.
(e) The employing department or agency shall not maintain protected
genetic infor-mation or information about a request for or the
receipt of genetic services in general personnel files; such
information shall be treated as confidential medical records
and kept separate from personnel files.
Sec. 3. Exceptions.
1-301. The following exceptions shall apply to the nondiscrimination requirements set forth in section 1-202.
(a) The employing department or agency may request or require
information defined in section 1-201(e)(1)(C) with respect to
an applicant who has been given a conditional offer of
employment or to an employee if:
(1) the request or requirement is consistent with the
Rehabilitation Act and other applicable law;
(2) the information obtained is to be used exclusively to
assess whether further medical evaluation is needed to
diagnose a current disease, or medical condition or
disorder, or under the terms of section 1-301(b) of this
order;
(3) such current disease, or medical condition or disorder
could prevent the applicant or employee from performing
the essential functions of the position held or desired;
and
(4) the information defined in section 1-201(e)(1)(C) of this
order will not be disclosed to persons other than medical
personnel involved in or responsible for assessing whether
further medical evaluation is needed to diagnose a current
disease, or medical condition or disorder, or under the
terms of section 1-301(b) of this order.
(b) The employing department or agency may request, collect, or
purchase protected genetic information with respect to an
employee, or any information about a request for or receipt of
genetic services by such employee if:
(1) the employee uses genetic or health care services provided
by the employer (other than use pursuant to section
1-301(a) of this order);
(2) the employee who uses the genetic or health care services
has provided prior knowing, voluntary, and written
authorization to the employer to collect protected
genetic information;
(3) the person who performs the genetic or health care
services does not disclose protected genetic information
to anyone except to the employee who uses the services for
treatment of the individual; pursuant to section 1-202(d)
of this order; for program evaluation or assessment; for
compiling and analyzing information in anticipation of or
for use in a civil or criminal legal proceeding; or, for
payment or accounting purposes, to verify that the service
was performed (but in such cases the genetic information
itself cannot be disclosed);
(4) such information is not used in violation of sections
1-202(a) or 1-202(b) of this order.
(c) The employing department or agency may collect protected
genetic information with respect to an employee if the
requirements of part 46 of title 45 of the Code of Federal
Regulations are met.
(d) Genetic monitoring of biological effects of toxic substances in
the workplace shall be permitted if all of the following
conditions are met:
(1) the employee has provided prior, knowing, voluntary, and
written authorization;
(2) the employee is notified when the results of the
monitoring are available and, at that time, the employer
makes any protected genetic information that may have been
acquired during the monitoring available to the employee
and informs the employee how to obtain such information;
(3) the monitoring conforms to any genetic monitoring
regulations that may be promulgated by the Secretary of
Labor; and
(4) the employer, excluding any licensed health care
professionals that are involved in the genetic monitoring
program, receives results of the monitoring only in
aggregate terms that do not disclose the identity of
specific employees.
(e) This order does not limit the statutory authority of a Federal
department or agency to:
(1) promulgate or enforce workplace safety and health laws and
regulations;
(2) conduct or sponsor occupational or other health research
that is conducted in compliance with regulations at part
46 of title 45, of the Code of Federal Regulations; or
(3) collect protected genetic information as a part of a
lawful program, the primary purpose of which is to carry
out identification purposes.
Sec. 4. Miscellaneous.
1-401. The head of each department and agency shall take appropriate action to disseminate this policy and, to this end, shall designate a high level official responsible for carrying out its responsibilities under this order.
1-402. Nothing in this order shall be construed to:
(a) limit the rights or protections of an individual under the
Rehabilitation Act of 1973 (29 U.S.C. 701, et seq.), the
Privacy Act of 1974 (5 U.S.C. 552a), or other applicable law;
or
(b) require specific benefits for an employee or dependent under
the Federal Employees Health Benefits Program or similar
program.
1-403. This order clarifies and makes uniform Administration policy and does not create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its officers or employees, or any other person.
THE WHITE HOUSE,
February 8, 2000.
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