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42 U.S.C. § 2000ff — Definitions

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2000ff — Definitions

In this chapter: (1) **Commission** — The term “Commission” means the Equal Employment Opportunity Commission as created by [section 2000e–4 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-4&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e/f&num=0&edition=prelim); (ii) a State employee (including an applicant) described in [section 2000e–16c(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–16c/a&num=0&edition=prelim); (iii) a covered employee (including an applicant), as defined in [section 1301 of title 2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1301&num=0&edition=prelim); (iv) a covered employee (including an applicant), as defined in [section 411(c) of title 3](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section411/c&num=0&edition=prelim); or (v) an employee or applicant to which [section 2000e–16(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–16/a&num=0&edition=prelim) applies. (B) *Employer* — The term “employer” means— (i) an employer (as defined in [section 2000e(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e/b&num=0&edition=prelim)); (ii) an entity employing a State employee described in [section 2000e–16c(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2

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Stable record: federal_law:legal_authorities:record_usc_ace5546708dca5e01b7f513b
Source file: Laws/federal/codes/united-states-code/title-42/section-2000ff-definitions--9ee58a6d13.md
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Source location: Title 42, Chapter 21F, § 2000ff; chapter-21f-prohibiting-employment-discrimination-on-the-basis-of-genetic-information.md

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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-4&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e/f&num=0&edition=prelim); (ii) a State employee (including an applicant) described in [section 2000e–16c(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–16c/a&num=0&edition=prelim); (iii) a covered employee (including an applicant), as defined in [section 1301 of title 2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1301&num=0&edition=prelim); (iv) a covered employee (including an applicant), as defined in [section 411(c) of title 3](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section411/c&num=0&edition=prelim); or (v) an employee or applicant to which [section 2000e–16(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–16/a&num=0&edition=prelim) applies. (B) *Employer* — The term “employer” means— (i) an employer (as defined in [section 2000e(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e/b&num=0&edition=prelim)); (ii) an entity employing a State employee described in [section 2000e–16c(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–16c/a&num=0&edition=prelim); (iii) an employing office, as defined in [section 1301 of title 2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1301&num=0&edition=prelim); (iv) an employing office, as defined in [section 411(c) of title 3](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section411/c&num=0&edition=prelim); or (v) an entity to which [section 2000e–16(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–16/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1181/f/2&num=0&edition=prelim)) 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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2000e — Definitions

For the purposes of this subchapter— **(a)** The term “person” includes one or more individuals, governments, governmental agencies, political subdivisions, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under title 11, or receivers. **(b)** The term “employer” means 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, but such term does not include (1) the United States, a corporation wholly owned by the Government of the United States, an Indian tribe, or any department or agency of the District of Columbia subject by statute to procedures of the competitive service (as defined in [section 2102 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2102&num=0&edition=prelim)), or (2) a bona fide private membership club (other than a labor organization) which is exempt from taxation under [section 501(c) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/c&num=0&edition=prelim), except that during the first year after March 24, 1972, persons having fewer than twenty-five employees (and their agents) shall not be considered employers. **(c)** The term “employment agency” means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person. **(d)** The term “labor organization” means a labor organization engaged in an industry affecting commerce, and any

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000e

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 9834 — Enforcement

For the imposition of tax on any failure of a group health plan to meet the requirements of this chapter, see section 4980D.

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 9834

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1301 — Definitions

**(a) In general** Except as otherwise specifically provided in this chapter, as used in this chapter: (1) **Board** — The term “Board” means the Board of Directors of the Office of Congressional Workplace Rights. (2) **Chair** — The term “Chair” means the Chair of the Board of Directors of the Office of Congressional Workplace Rights. (3) **Covered employee** — The term “covered employee” means any employee of— (A) the House of Representatives; (B) the Senate; (C) the Office of Congressional Accessibility Services; (D) the Capitol Police; (E) the Congressional Budget Office; (F) the Office of the Architect of the Capitol; (G) the Office of the Attending Physician; (H) the Office of Congressional Workplace Rights; (I) the Office of Technology Assessment; (J) the Library of Congress, except for [section 1351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1351&num=0&edition=prelim); or (K) the John C. Stennis Center for Public Service Training and Development. (4) **Employee** — The term “employee” includes an applicant for employment and a former employee. (5) **Employee of the Office of the Architect of the Capitol** — The term “employee of the Office of the Architect of the Capitol” includes any employee of the Office of the Architect of the Capitol or the Botanic Garden. (6) **Employee of the Capitol Police** — The term “employee of the Capitol Police” includes any member or officer of the Capitol Police. (7) **Employee of the House of Representatives** — The term “employee of the House of Representatives” includes an individual occupying a position the pay for which is disbursed by the Chief Administrative Officer of the House of Representatives, or another official designated by the H

Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1301

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1400 — Short title; findings; purposes

**(a) Short title** This chapter may be cited as the “Individuals with Disabilities Education Act”. **(b) Omitted** **(c) Findings** Congress finds the following: (1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities. (2) Before the date of enactment of the Education for All Handicapped Children Act of 1975 (Public Law 94–142), the educational needs of millions of children with disabilities were not being fully met because— (A) the children did not receive appropriate educational services; (B) the children were excluded entirely from the public school system and from being educated with their peers; (C) undiagnosed disabilities prevented the children from having a successful educational experience; or (D) a lack of adequate resources within the public school system forced families to find services outside the public school system. (3) Since the enactment and implementation of the Education for All Handicapped Children Act of 1975, this chapter has been successful in ensuring children with disabilities and the families of such children access to a free appropriate public education and in improving educational results for children with disabilities. (4) However, the implementation of this chapter has been impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and learning for children with disabilities. (5) Almost 30 years of research and experience has

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1400

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 9802 — Prohibiting discrimination against individual participants and beneficiaries based on health status

**(a) In eligibility to enroll** (1) **In general** — Subject to paragraph (2), a group health plan may not establish rules for eligibility (including continued eligibility) of any individual to enroll under the terms of the plan based on any of the following factors in relation to the individual or a dependent of the individual: (A) Health status. (B) Medical condition (including both physical and mental illnesses). (C) Claims experience. (D) Receipt of health care. (E) Medical history. (F) Genetic information. (G) Evidence of insurability (including conditions arising out of acts of domestic violence). (H) Disability. (2) **No application to benefits or exclusions** — To the extent consistent with section 9801, paragraph (1) shall not be construed— (A) to require a group health plan to provide particular benefits (or benefits with respect to a specific procedure, treatment, or service) other than those provided under the terms of such plan; or (B) to prevent such a plan from establishing limitations or restrictions on the amount, level, extent, or nature of the benefits or coverage for similarly situated individuals enrolled in the plan or coverage. (3) **Construction** — For purposes of paragraph (1), rules for eligibility to enroll under a plan include rules defining any applicable waiting periods for such enrollment. **(b) In premium contributions** (1) **In general** — A group health plan may not require any individual (as a condition of enrollment or continued enrollment under the plan) to pay a premium or contribution which is greater than such premium or contribution for a similarly situated individual enrolled in the plan on the basis of any factor described in subsection (a)(1) in relation to the individual or to an individu

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 9802

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1302 — Application of laws

**(a) Laws made applicable** The following laws shall apply, as prescribed by this chapter, to the legislative branch of the Federal Government: (1) The Fair Labor Standards Act of 1938 ([29 U.S.C. 201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section201&num=0&edition=prelim) et seq.). (2) Title VII of the Civil Rights Act of 1964 ([42 U.S.C. 2000e](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e&num=0&edition=prelim) et seq.). (3) The Americans with Disabilities Act of 1990 ([42 U.S.C. 12101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12101&num=0&edition=prelim) et seq.). (4) The Age Discrimination in Employment Act of 1967 ([29 U.S.C. 621](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section621&num=0&edition=prelim) et seq.). (5) The Family and Medical Leave Act of 1993 ([29 U.S.C. 2611](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2611&num=0&edition=prelim) et seq.). (6) The Occupational Safety and Health Act of 1970 ([29 U.S.C. 651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section651&num=0&edition=prelim) et seq.). (7) Chapter 71 (relating to Federal service labor-management relations) of title 5. (8) The Employee Polygraph Protection Act of 1988 ([29 U.S.C. 2001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2001&num=0&edition=prelim) et seq.). (9) The Worker Adjustment and Retraining Notification Act ([29 U.S.C. 2101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section2101&num=0&edition=prelim) et seq.). (10) The Rehabilitation Act of 1973 ([29 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-s

Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1302

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1362 — Notices

**(a) In general** Every employing office shall post and keep posted (in conspicuous places upon its premises where notices to covered employees are customarily posted) a notice provided by the Office that— (1) describes the rights, protections, and procedures applicable to covered employees of the employing office under this chapter, concerning violations described in subsection (b); and (2) includes contact information for the Office. **(b) Violations** A violation described in this subsection is— (1) discrimination prohibited by [section 1311(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1311/a&num=0&edition=prelim) (including, in accordance with [section 1302(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1302/c&num=0&edition=prelim), discrimination prohibited by title II of the Genetic Information Nondiscrimination Act of 2008 ([42 U.S.C. 2000ff](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000ff&num=0&edition=prelim) et seq.)) or 1316(a) of this title; and (2) a violation of [section 1317 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1317&num=0&edition=prelim) that is related to discrimination described in paragraph (1).

Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1362

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 9824 — Increasing transparency by removing gag clauses on price and quality information

**(a) 11 So in original. There is no subsec. (b). Increasing price and quality transparency for plan sponsors and consumers** (1) **In general** — A group health plan may not enter into an agreement with a health care provider, network or association of providers, third-party administrator, or other service provider offering access to a network of providers that would directly or indirectly restrict a group health plan from— (A) providing provider-specific cost or quality of care information or data, through a consumer engagement tool or any other means, to referring providers, the plan sponsor, participants or beneficiaries, or individuals eligible to become participants or beneficiaries of the plan; (B) electronically accessing de-identified claims and encounter information or data for each participant or beneficiary in the plan, upon request and consistent with the privacy regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996, the amendments made by the Genetic Information Nondiscrimination Act of 2008, and the Americans with Disabilities Act of 1990, including, on a per claim basis— (i) financial information, such as the allowed amount, or any other claim-related financial obligations included in the provider contract; (ii) provider information, including name and clinical designation; (iii) service codes; or (iv) any other data element included in claim or encounter transactions; or (C) sharing information or data described in subparagraph (A) or (B), or directing that such data be shared, with a business associate as defined in section 160.103 of title 45, Code of Federal Regulations (or successor regulations), consistent with the privacy regulations promulgated pursuant

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 9824

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1185m — Increasing transparency by removing gag clauses on price and quality information

**(a) 11 So in original. There is no subsec. (b). Increasing price and quality transparency for plan sponsors and consumers** (1) **In general** — A group health plan (or an issuer of health insurance coverage offered in connection with such a plan) may not enter into an agreement with a health care provider, network or association of providers, third-party administrator, or other service provider offering access to a network of providers that would directly or indirectly restrict a group health plan or health insurance issuer offering such coverage from— (A) providing provider-specific cost or quality of care information or data, through a consumer engagement tool or any other means, to referring providers, the plan sponsor, participants or beneficiaries, or individuals eligible to become participants or beneficiaries of the plan or coverage; (B) electronically accessing de-identified claims and encounter information or data for each participant or beneficiary in the plan or coverage, upon request and consistent with the privacy regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996, the amendments made by the Genetic Information Nondiscrimination Act of 2008, and the Americans with Disabilities Act of 1990 [[42 U.S.C. 12101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12101&num=0&edition=prelim) et seq.], including, on a per claim basis— (i) financial information, such as the allowed amount, or any other claim-related financial obligations included in the provider contract; (ii) provider information, including name and clinical designation; (iii) service codes; or (iv) any other data element included in claim or encounter transactions; or (C) sh

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 1185m

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1320d–9 — Application of HIPAA regulations to genetic information

**(a) In general** The Secretary shall revise the HIPAA privacy regulation (as defined in subsection (b)) so it is consistent with the following: (1) Genetic information shall be treated as health information described in [section 1320d(4)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320d/4/B&num=0&edition=prelim). (2) The use or disclosure by a covered entity that is a group health plan, health insurance issuer that issues health insurance coverage, or issuer of a medicare supplemental policy of protected health information that is genetic information about an individual for underwriting purposes under the group health plan, health insurance coverage, or medicare supplemental policy shall not be a permitted use or disclosure. **(b) Definitions** For purposes of this section: (1) **Genetic information; genetic test; family member** — The terms “genetic information”, “genetic test”, and “family member” have the meanings given such terms in [section 300gg–91 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300gg-91&num=0&edition=prelim), as amended by the Genetic Information Nondiscrimination Act of 2007.11 See References in Text note below. (2) **Group health plan; health insurance coverage; medicare supplemental policy** — The terms “group health plan” and “health insurance coverage” have the meanings given such terms under [section 300gg–91 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300gg-91&num=0&edition=prelim), and the term “medicare supplemental policy” has the meaning given such term in [section 1395ss(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395ss/g&num=0&edition=prel

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1320d–9

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