OFFICE OF THE SECRETARY
Washington, D.C. 20240
June 30, 2000
EQUAL OPPORTUNITY DIRECTIVE NUMBER 2000-18
TO: Bureau Office Equal Opportunity Officers
FROM:
E. Melodee Stith, Director
Office for Equal Opportunity
SUBJECT: Prohibited Discrimination based on Genetic Information
On February 8, 2000 President Clinton issued Executive Order 13145, amending Title VII of the Civil Rights Act of 1964, as amended. This new Executive Order prohibits discrimination in federal employment covering all qualified persons and also prohibits discrimination against employees based on protected genetic information, or information about a request for or the receipt of genetic services.
The term "employee" includes an employee, applicant for employment, or former employee covered by Section 717 of the Civil Rights Act of 1964, as amended. The Executive Order, which is attached for your review and information, defines all requirements proscribed for Federal Departments and Agencies.
Please ensure that all EO Posters, EEO Counselors Manuals, notices (e.g., vacancy announcements), employee orientation manuals, personnel practices and procedures, etc., include prohibitions on discrimination based on genetic information. Also, any Bureau Diversity Training should include information that will help employees, managers, and supervisors understand and meet the requirements of this Order.
The Equal Employment Opportunity Commission (EEOC)
will be responsible for coordinating Federal policy to
ensure compliance with the intent of this Order.
Upon receipt of policy guidance from EEOC we will provide additional technical
advice and amend the Departmental Manual Chapter, 373 DM 7, accordingly.
Attachment - As Stated
DISTRIBUTION: Bureau and Office Equal Opportunity Officers
INQUIRIES:
Carolyn M. Burrell, Assistant Director, Complaints Processing and
Adjudication, 202-208-5693
EXPIRES:
When Superseded
The White House
Office of the Press Secretary
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 generic 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 mutations 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 individuals genetic tests;
(B) information about the genetic tests of an
individuals 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 individuals current health
status (including information 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 protected genetic information
with respect to the employee, or because of information about a request
for or the receipt of generic 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 employees 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, .f the information is relevant to the
investigation.
(e) The employing department or agency shall not
maintain protected genetic information 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
Page 4 of 5
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.
(c) 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
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 Employee 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.