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42 U.S.C. § 2000ff–8 — Construction

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

42 U.S.C. § 2000ff–8 — Construction

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Source location: Title 42, Chapter 21F, § 2000ff–8; chapter-21f-prohibiting-employment-discrimination-on-the-basis-of-genetic-information.md

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**(a) In general** Nothing in this chapter shall be construed to— (1) limit the rights or protections of an individual under any other Federal or State statute that provides equal or greater protection to an individual than the rights or protections provided for under this chapter, including the protections of an individual under 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 coverage afforded to individuals under section 102 of such Act ([42 U.S.C. 12112](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12112&num=0&edition=prelim))), or under the Rehabilitation Act of 1973 ([29 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section701&num=0&edition=prelim) et seq.); (2) (A) limit the rights or protections of an individual to bring an action under this chapter against an employer, employment agency, labor organization, or joint labor-management committee for a violation of this chapter; or (B) provide for enforcement of, or penalties for violation of, any requirement or prohibition applicable to any employer, employment agency, labor organization, or joint labor-management committee subject to enforcement for a violation under— (i) the amendments made by title I of this Act; (ii) (I) subsection (a) of [section 1181 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1181&num=0&edition=prelim) as such section applies with respect to genetic information pursuant to subsection (b)(1)(B) of such section; (II) [section 1182(a)(1)(F) of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1182/a/1/F&num=0&edition=prelim); or (III) [section 1182(b)(1) of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section1182/b/1&num=0&edition=prelim) as such section applies with respect to genetic information as a health status-related factor; (iii) (I) subsection (a) of section 2701 11 See References in Text note below. of the Public Health Service Act as such section applies with respect to genetic information pursuant to subsection (b)(1)(B) of such section; (II) section 2702(a)(1)(F) 1 of such Act; or (III) section 2702(b)(1) 1 of such Act as such section applies with respect to genetic information as a health status-related factor; or (iv) (I) subsection (a) of [section 9801 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section9801&num=0&edition=prelim) as such section applies with respect to genetic information pursuant to subsection (b)(1)(B) of such section; (II) [section 9802(a)(1)(F) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section9802/a/1/F&num=0&edition=prelim); or (III) [section 9802(b)(1) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section9802/b/1&num=0&edition=prelim) as such section applies with respect to genetic information as a health status-related factor; (3) apply to the Armed Forces Repository of Specimen Samples for the Identification of Remains; (4) limit or expand the protections, rights, or obligations of employees or employers under applicable workers’ compensation laws; (5) limit the authority of a Federal department or agency to conduct or sponsor occupational or other health research that is conducted in compliance with the regulations contained in part 46 of title 45, Code of Federal Regulations (or any corresponding or similar regulation or rule); (6) 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 (7) require any specific benefit for an employee or member or a family member of an employee or member under any group health plan or health insurance issuer offering group health insurance coverage in connection with a group health plan. **(b) Genetic information of a fetus or embryo** Any reference in this chapter to genetic information concerning an individual or family member of an individual shall— (1) with respect to such an individual or family member of an individual who is a pregnant woman, include genetic information of any fetus carried by such pregnant woman; and (2) with respect to an individual or family member utilizing an assisted reproductive technology, include genetic information of any embryo legally held by the individual or family member. **(c) Relation to authorities under title I** With respect to a group health plan, or a health insurance issuer offering group health insurance coverage in connection with a group health plan, this chapter does not prohibit any activity of such plan or issuer that is authorized for the plan or issuer under any provision of law referred to in clauses (i) through (iv) of subsection (a)(2)(B).

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

26 U.S.C. § 9801 — Increased portability through limitation on preexisting condition exclusions

**(a) Limitation on preexisting condition exclusion period; crediting for periods of previous coverage** Subject to subsection (d), a group health plan may, with respect to a participant or beneficiary, impose a preexisting condition exclusion only if— (1) such exclusion relates to a condition (whether physical or mental), regardless of the cause of the condition, for which medical advice, diagnosis, care, or treatment was recommended or received within the 6-month period ending on the enrollment date; (2) such exclusion extends for a period of not more than 12 months (or 18 months in the case of a late enrollee) after the enrollment date; and (3) the period of any such preexisting condition exclusion is reduced by the length of the aggregate of the periods of creditable coverage (if any) applicable to the participant or beneficiary as of the enrollment date. **(b) Definitions** For purposes of this section— (1) **Preexisting condition exclusion** (A) *In general* — The term “preexisting condition exclusion” means, with respect to coverage, a limitation or exclusion of benefits relating to a condition based on the fact that the condition was present before the date of enrollment for such coverage, whether or not any medical advice, diagnosis, care, or treatment was recommended or received before such date. (B) *Treatment of genetic information* — For purposes of this section, genetic information shall not be treated as a condition described in subsection (a)(1) in the absence of a diagnosis of the condition related to such information. (2) **Enrollment date** — The term “enrollment date” means, with respect to an individual covered under a group health plan, the date of enrollment of the individual in the plan or, if earlier, the first day of the waiting per

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

29 U.S.C. § 1181 — Increased portability through limitation on preexisting condition exclusions

**(a) Limitation on preexisting condition exclusion period; crediting for periods of previous coverage** Subject to subsection (d), a group health plan, and a health insurance issuer offering group health insurance coverage, may, with respect to a participant or beneficiary, impose a preexisting condition exclusion only if— (1) such exclusion relates to a condition (whether physical or mental), regardless of the cause of the condition, for which medical advice, diagnosis, care, or treatment was recommended or received within the 6-month period ending on the enrollment date; (2) such exclusion extends for a period of not more than 12 months (or 18 months in the case of a late enrollee) after the enrollment date; and (3) the period of any such preexisting condition exclusion is reduced by the aggregate of the periods of creditable coverage (if any, as defined in subsection (c)(1)) applicable to the participant or beneficiary as of the enrollment date. **(b) Definitions** For purposes of this part— (1) **Preexisting condition exclusion** (A) *In general* — The term “preexisting condition exclusion” means, with respect to coverage, a limitation or exclusion of benefits relating to a condition based on the fact that the condition was present before the date of enrollment for such coverage, whether or not any medical advice, diagnosis, care, or treatment was recommended or received before such date. (B) *Treatment of genetic information* — Genetic information shall not be treated as a condition described in subsection (a)(1) in the absence of a diagnosis of the condition related to such information. (2) **Enrollment date** — The term “enrollment date” means, with respect to an individual covered under a group health plan or health insurance coverage, the date of e

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

42 U.S.C. § 12112 — Definition of disability

As used in this chapter: (1) **Disability** — The term “disability” means, with respect to an individual— (A) a physical or mental impairment that substantially limits one or more major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment (as described in paragraph (3)). (2) **Major life activities** (A) *In general* — For purposes of paragraph (1), major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. (B) *Major bodily functions* — For purposes of paragraph (1), a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. (3) **Regarded as having such an impairment** — For purposes of paragraph (1)(C): (A) An individual meets the requirement of “being regarded as having such an impairment” if the individual establishes that he or she has been subjected to an action prohibited under this chapter because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity. (B) Paragraph (1)(C) shall not apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less. (4) **Rules of construction regarding the definition of disability** — The definition of “disability” in paragraph (1) shall be construed in acco

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

29 U.S.C. § 701 — Responsibilities of the Administrator

**(a) Approval of State plans** (1) **In general** — The Administrator shall approve any State plan submitted under [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim) that the Administrator determines meets the requirements of [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim), and shall disapprove any such plan that does not meet such requirements, as soon as practicable after receiving the plan. Prior to such disapproval, the Administrator shall notify the State of the intention to disapprove the plan, and shall afford such State reasonable notice and opportunity for a hearing. (2) **Procedures** (A) *In general* — Except as provided in subparagraph (B), the provisions of subsections (c) and (d) of [section 727 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section727&num=0&edition=prelim) shall apply to any State plan submitted to the Administrator under [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c&num=0&edition=prelim). (B) *Application* — For purposes of the application described in subparagraph (A), all references in such provisions— (i) to the Secretary or the Commissioner shall be deemed to be references to the Administrator; (ii) to the State agency shall be deemed to be references to the designated State entity; and (iii) to [section 721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section721&num=0&edition=prelim) shall be deemed to be references to [section 796c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-ti

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

42 U.S.C. § 300gg — Fair health insurance premiums

**(a) 11 So in original. No subsec. (b) has been enacted. Prohibiting discriminatory premium rates** (1) **In general** — With respect to the premium rate charged by a health insurance issuer for health insurance coverage offered in the individual or small group market— (A) such rate shall vary with respect to the particular plan or coverage involved only by— (i) whether such plan or coverage covers an individual or family; (ii) rating area, as established in accordance with paragraph (2); (iii) age, except that such rate shall not vary by more than 3 to 1 for adults (consistent with [section 300gg–6(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300gg–6/c&num=0&edition=prelim)); and (iv) tobacco use, except that such rate shall not vary by more than 1.5 to 1; and (B) such rate shall not vary with respect to the particular plan or coverage involved by any other factor not described in subparagraph (A). (2) **Rating area** (A) *In general* — Each State shall establish 1 or more rating areas within that State for purposes of applying the requirements of this subchapter. (B) *Secretarial review* — The Secretary shall review the rating areas established by each State under subparagraph (A) to ensure the adequacy of such areas for purposes of carrying out the requirements of this subchapter. If the Secretary determines a State’s rating areas are not adequate, or that a State does not establish such areas, the Secretary may establish rating areas for that State. (3) **Permissible age bands** — The Secretary, in consultation with the National Association of Insurance Commissioners, shall define the permissible age bands for rating purposes under paragraph (1)(A)(iii). (4) **Application of variat

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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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42 U.S.C. § 12101 — Definitions

**(a) Homosexuality and bisexuality** For purposes of the definition of “disability” in section 12102(2) 11 See References in Text note below. of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter. **(b) Certain conditions** Under this chapter, the term “disability” shall not include— (1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (2) compulsive gambling, kleptomania, or pyromania; or (3) psychoactive substance use disorders resulting from current illegal use of drugs.

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29 U.S.C. § 701 — Findings; purpose; policy

Page 191 TITLE 29—LABOR § 701 Sec. SUBCHAPTER II—RESEARCH AND TRAINING 760. Declaration of purpose. 761. Authorization of appropriations. 762. National Institute on Disability, Independent Living, and Rehabilitation Research. 762a. Research and demonstration projects. 763. Interagency Committee. 764. Research and other covered activities. 765. Disability, Independent Living, and Rehabili- tation Research Advisory Council. 766. Definition of covered school. SUBCHAPTER III—PROFESSIONAL DEVELOPMENT AND SPECIAL PROJECTS AND DEMONSTRATIONS 771. Declaration of purpose and competitive basis of grants and contracts. 772. Training. 773. Demonstration and training programs. 774, 775. Repealed. 776. Measuring of project outcomes and perform- ance. SUBCHAPTER IV—NATIONAL COUNCIL ON DISABILITY 780. Establishment of National Council on Dis- ability. 780a. Independent status of National Council on the Handicapped. 781. Duties of National Council. 782. Compensation of National Council members. 783. Staff of National Council. 784. Administrative powers of National Council. 785. Authorization of appropriations. SUBCHAPTER V—RIGHTS AND ADVOCACY 790. Repealed. 791. Employment of individuals with disabilities. 792. Architectural and Transportation Barriers Compliance Board. 793. Employment under Federal contracts. 794. Nondiscrimination under Federal grants and programs. 794a. Remedies and attorney fees. 794b. Removal of architectural, transportation, or communication barriers; technical and fi- nancial assistance; compensation of experts or consultants; authorization of appropria- tions. 794c. Interagency Disability Coordinating Council. 794d. Electronic and information technology. 794d–1. Reports on accessibility of

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

42 U.S.C. § 12101 — Findings and purpose

Page 8237 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12101 read as follows: ‘‘The plan shall accompany the Presi- dent’s annual budget submission to the Congress.’’ Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which reports required under subsecs. (a) and (b) of this section are listed as the 20th item on page 84 and the 19th item on page 86), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Fi- nance. § 12007. No antitrust immunity or defenses Nothing in this chapter shall be deemed to convey to any person, partnership, corporation, or other entity immunity from civil or criminal liability under any antitrust law or to create de- fenses to actions under any antitrust law. As used in this section, ‘‘antitrust laws’’ means those Acts set forth in section 12 of title 15. (Pub. L. 101–218, § 10, Dec. 11, 1989, 103 Stat. 1869.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 101–218, Dec. 11, 1989, 103 Stat. 1859, known as the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 12001 of this title and Tables. CHAPTER 126—EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES Sec. 12101. Findings and purpose. 12102. Definition of disability. 12103. Additional definitions. SUBCHAPTER I—EMPLOYMENT 12111. Definitions. 12112.

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

42 U.S.C. § 12112 — Discrimination

Page 8242 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12112 1991—Par. (4). Pub. L. 102–166 inserted at end ‘‘With respect to employment in a foreign country, such term includes an individual who is a citizen of the United States.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–325 effective Jan. 1, 2009, see section 8 of Pub. L. 110–325, set out as a note under section 705 of Title 29, Labor. EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102–166 inapplicable to con- duct occurring before Nov. 21, 1991, see section 109(c) of Pub. L. 102–166, set out as a note under section 2000e of this title. EFFECTIVE DATE Pub. L. 101–336, title I, § 108, July 26, 1990, 104 Stat. 337, provided that: ‘‘This title [enacting this sub- chapter] shall become effective 24 months after the date of enactment [July 26, 1990].’’ § 12112. Discrimination (a) General rule No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, em- ployee compensation, job training, and other terms, conditions, and privileges of employ- ment. (b) Construction As used in subsection (a), the term ‘‘discrimi- nate against a qualified individual on the basis of disability’’ includes— (1) limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of such ap- plicant or employee because of the disability of such applicant or employee; (2) participating in a contractual or other arrangement or relationship that has the ef- fect of subjecting a covered entity’s qualified applicant or employee with a disability to the discrimination prohibite

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