
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2000e-16]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                        CHAPTER 21--CIVIL RIGHTS
 
              SUBCHAPTER VI--EQUAL EMPLOYMENT OPPORTUNITIES
 
Sec. 2000e-16. Employment by Federal Government


(a) Discriminatory practices prohibited; employees or applicants for 
        employment subject to coverage

    All personnel actions affecting employees or applicants for 
employment (except with regard to aliens employed outside the limits of 
the United States) in military departments as defined in section 102 of 
title 5, in executive agencies as defined in section 105 of title 5 
(including employees and applicants for employment who are paid from 
nonappropriated funds), in the United States Postal Service and the 
Postal Rate Commission, in those units of the Government of the District 
of Columbia having positions in the competitive service, and in those 
units of the judicial branch of the Federal Government having positions 
in the competitive service, in the Smithsonian Institution, and in the 
Government Printing Office, the General Accounting Office, and the 
Library of Congress shall be made free from any discrimination based on 
race, color, religion, sex, or national origin.

(b) Equal Employment Opportunity Commission; enforcement powers; 
        issuance of rules, regulations, etc.; annual review and approval 
        of national and regional equal employment opportunity plans; 
        review and evaluation of equal employment opportunity programs 
        and publication of progress reports; consultations with 
        interested parties; compliance with rules, regulations, etc.; 
        contents of national and regional equal employment opportunity 
        plans; authority of Librarian of Congress

    Except as otherwise provided in this subsection, the Equal 
Employment Opportunity Commission shall have authority to enforce the 
provisions of subsection (a) of this section through appropriate 
remedies, including reinstatement or hiring of employees with or without 
back pay, as will effectuate the policies of this section, and shall 
issue such rules, regulations, orders and instructions as it deems 
necessary and appropriate to carry out its responsibilities under this 
section. The Equal Employment Opportunity Commission shall--
        (1) be responsible for the annual review and approval of a 
    national and regional equal employment opportunity plan which each 
    department and agency and each appropriate unit referred to in 
    subsection (a) of this section shall submit in order to maintain an 
    affirmative program of equal employment opportunity for all such 
    employees and applicants for employment;
        (2) be responsible for the review and evaluation of the 
    operation of all agency equal employment opportunity programs, 
    periodically obtaining and publishing (on at least a semiannual 
    basis) progress reports from each such department, agency, or unit; 
    and
        (3) consult with and solicit the recommendations of interested 
    individuals, groups, and organizations relating to equal employment 
    opportunity.

The head of each such department, agency, or unit shall comply with such 
rules, regulations, orders, and instructions which shall include a 
provision that an employee or applicant for employment shall be notified 
of any final action taken on any complaint of discrimination filed by 
him thereunder. The plan submitted by each department, agency, and unit 
shall include, but not be limited to--
        (1) provision for the establishment of training and education 
    programs designed to provide a maximum opportunity for employees to 
    advance so as to perform at their highest potential; and
        (2) a description of the qualifications in terms of training and 
    experience relating to equal employment opportunity for the 
    principal and operating officials of each such department, agency, 
    or unit responsible for carrying out the equal employment 
    opportunity program and of the allocation of personnel and resources 
    proposed by such department, agency, or unit to carry out its equal 
    employment opportunity program.

With respect to employment in the Library of Congress, authorities 
granted in this subsection to the Equal Employment Opportunity 
Commission shall be exercised by the Librarian of Congress.

(c) Civil action by employee or applicant for employment for redress of 
        grievances; time for bringing of action; head of department, 
        agency, or unit as defendant

    Within 90 days of receipt of notice of final action taken by a 
department, agency, or unit referred to in subsection (a) of this 
section, or by the Equal Employment Opportunity Commission upon an 
appeal from a decision or order of such department, agency, or unit on a 
complaint of discrimination based on race, color, religion, sex or 
national origin, brought pursuant to subsection (a) of this section, 
Executive Order 11478 or any succeeding Executive orders, or after one 
hundred and eighty days from the filing of the initial charge with the 
department, agency, or unit or with the Equal Employment Opportunity 
Commission on appeal from a decision or order of such department, 
agency, or unit until such time as final action may be taken by a 
department, agency, or unit, an employee or applicant for employment, if 
aggrieved by the final disposition of his complaint, or by the failure 
to take final action on his complaint, may file a civil action as 
provided in section 2000e-5 of this title, in which civil action the 
head of the department, agency, or unit, as appropriate, shall be the 
defendant.

(d) Section 2000e-5(f) through (k) of this title applicable to civil 
        actions

    The provisions of section 2000e-5(f) through (k) of this title, as 
applicable, shall govern civil actions brought hereunder, and the same 
interest to compensate for delay in payment shall be available as in 
cases involving nonpublic parties..\1\
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    \1\ So in original.
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(e) Government agency or official not relieved of responsibility to 
        assure nondiscrimination in employment or equal employment 
        opportunity

    Nothing contained in this Act shall relieve any Government agency or 
official of its or his primary responsibility to assure 
nondiscrimination in employment as required by the Constitution and 
statutes or of its or his responsibilities under Executive Order 11478 
relating to equal employment opportunity in the Federal Government.

(Pub. L. 88-352, title VII, Sec. 717, as added Pub. L. 92-261, Sec. 11, 
Mar. 24, 1972, 86 Stat. 111; amended 1978 Reorg. Plan No. 1, Sec. 3, 
eff. Jan. 1, 1979, 43 F.R. 19807, 92 Stat. 3781; Pub. L. 96-191, 
Sec. 8(g), Feb. 15, 1980, 94 Stat. 34; Pub. L. 102-166, title I, 
Sec. 114, Nov. 21, 1991, 105 Stat. 1079; Pub. L. 104-1, title II, 
Sec. 201(c)(1), Jan. 23, 1995, 109 Stat. 8; Pub. L. 105-220, title III, 
Sec. 341(a), Aug. 7, 1998, 112 Stat. 1092.)

                       References in Text

    This Act, referred to in subsec. (e), means Pub. L. 88-352, July 2, 
1964, 78 Stat. 241, as amended, known as the Civil Rights Act of 1964, 
which is classified principally to subchapters II to IX of this chapter 
(Sec. 2000a et seq.). For complete classification of this Act to the 
Code, see Short Title note set out under section 2000a of this title and 
Tables.
    Executive Order 11478, as amended, referred to in subsecs. (c) and 
(e), is set out as a note under section 2000e of this title.


                               Amendments

    1998--Subsec. (a). Pub. L. 105-220 inserted ``in the Smithsonian 
Institution,'' before ``and in the Government Printing Office,''.
    1995--Subsec. (a). Pub. L. 104-1 substituted ``units of the judicial 
branch'' for ``units of the legislative and judicial branches'' and 
inserted ``Government Printing Office, the General Accounting Office, 
and the'' before ``Library of Congress''.
    1991--Subsec. (c). Pub. L. 102-166, Sec. 114(1), substituted ``90 
days'' for ``thirty days''.
    Subsec. (d). Pub. L. 102-166, Sec. 114(2), inserted before the 
period ``, and the same interest to compensate for delay in payment 
shall be available as in cases involving nonpublic parties.''
    1980--Subsec. (a). Pub. L. 96-191 struck out ``(other than the 
General Accounting Office)'' after ``in executive agencies''.


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-220 effective Aug. 7, 1998, and applicable 
to and may be raised in any administrative or judicial claim or action 
brought before Aug. 7, 1998, but pending on such date, and any 
administrative or judicial claim or action brought after such date 
regardless of whether the claim or action arose prior to such date, if 
the claim or action was brought within the applicable statute of 
limitations, see section 341(d) of Pub. L. 105-220, set out as a note 
under section 633a of Title 29, Labor.


                    Effective Date of 1995 Amendment

    Amendment by Pub. L. 104-1 effective 1 year after Jan. 23, 1995, see 
section 1311(d) of Title 2, The Congress.


                    Effective Date of 1991 Amendment

    Amendment by Pub. L. 102-166 effective Nov. 21, 1991, except as 
otherwise provided, see section 402 of Pub. L. 102-166, set out as a 
note under section 1981 of this title.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-191 effective Oct. 1, 1980, see section 
10(a) of Pub. L. 96-191.

                          Transfer of Functions

    ``Equal Employment Opportunity Commission'' substituted for ``Civil 
Service Commission'' in subsecs. (b) and (c) pursuant to Reorg. Plan No. 
1 of 1978, Sec. 3, 43 F.R. 19807, 92 Stat. 3781, set out as a note under 
section 2000e-4 of this title, which transferred all equal opportunity 
in Federal employment enforcement and related functions vested in Civil 
Service Commission by subsecs. (b) and (c) of this section to Equal 
Employment Opportunity Commission, with certain authority delegable to 
Director of Office of Personnel Management, effective Jan. 1, 1979, as 
provided by section 1-101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 
1053, set out as a note under section 2000e-4 of this title.

  Ex. Ord. No. 13145. To Prohibit Discrimination in Federal Employment 
                      Based on Genetic Information

    Ex. Ord. No. 13145, Feb. 8, 2000, 65 F.R. 6877, provided:
    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 1101 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 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 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 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 1202.
        (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 [of 1973, 29 U.S.C. 701 et seq.] 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.
                                                     William J. Clinton.

                  Section Referred to in Other Sections

    This section is referred to in sections 1981a, 2000e, 12209 of this 
title; title 2 sections 60l, 1202, 1361; title 3 sections 411, 435; 
title 5 sections 2302, 7201, 7702, 7703; title 22 sections 3905, 4131; 
title 28 section 3905; title 29 section 794a.
