--- kind: "section" citation: "42 U.S.C. § 2000ff–7" title: "42" title_heading: "The Public Health and Welfare" number: "2000ff–7" heading: "Disparate impact" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/2000ff-7" units: - "Chapter 21F — Prohibiting Employment Discrimination on the Basis of Genetic Information" --- # §2000ff–7. Disparate impact - (a) **General rule—** Notwithstanding any other provision of this Act, “disparate impact”, as that term is used in [section 2000e–2(k) of this title](/usc/42/2000e–2.md?p=k), on the basis of [genetic information](/usc/42/2000ff.md?p=4-A) does not establish a cause of action under this Act. - (b) **Commission—** On the date that is 6 years after May 21, 2008, there shall be established a [commission](/usc/42/2000ff.md?p=1), to be known as the Genetic Nondiscrimination Study [Commission](/usc/42/2000ff.md?p=1) (referred to in this section as the “[Commission](/usc/42/2000ff.md?p=1)”) to review the developing science of genetics and to make recommendations to Congress regarding whether to provide a disparate impact cause of action under this Act. - (c) **Membership—** - (1) **In general—** The [Commission](/usc/42/2000ff.md?p=1) shall be composed of 8 [members](/usc/42/2000ff.md?p=2-D), of which— - (A) 1 [member](/usc/42/2000ff.md?p=2-D) shall be appointed by the Majority Leader of the Senate; - (B) 1 [member](/usc/42/2000ff.md?p=2-D) shall be appointed by the Minority Leader of the Senate; - (C) 1 [member](/usc/42/2000ff.md?p=2-D) shall be appointed by the Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate; - (D) 1 [member](/usc/42/2000ff.md?p=2-D) shall be appointed by the ranking minority [member](/usc/42/2000ff.md?p=2-D) of the Committee on Health, Education, Labor, and Pensions of the Senate; - (E) 1 [member](/usc/42/2000ff.md?p=2-D) shall be appointed by the Speaker of the House of Representatives; - (F) 1 [member](/usc/42/2000ff.md?p=2-D) shall be appointed by the Minority Leader of the House of Representatives; - (G) 1 [member](/usc/42/2000ff.md?p=2-D) shall be appointed by the Chairman of the Committee on Education and Labor of the House of Representatives; and - (H) 1 [member](/usc/42/2000ff.md?p=2-D) shall be appointed by the ranking minority [member](/usc/42/2000ff.md?p=2-D) of the Committee on Education and Labor of the House of Representatives. - (2) **Compensation and expenses—** The [members](/usc/42/2000ff.md?p=2-D) of the [Commission](/usc/42/2000ff.md?p=1) shall not receive compensation for the performance of services for the [Commission](/usc/42/2000ff.md?p=1), but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for [employees](/usc/42/2000ff.md?p=2-A) of [agencies](/usc/42/8262.md?p=1) under subchapter I of [chapter 57](/usc/5/chptIII/sptD/ch57.md) of title 5, while away from their homes or regular places of business in the performance of services for the [Commission](/usc/42/2000ff.md?p=1). - (d) **Administrative provisions—** - (1) **Location—** The [Commission](/usc/42/2000ff.md?p=1) shall be located in a facility maintained by the Equal Employment Opportunity [Commission](/usc/42/2000ff.md?p=1). - (2) **Detail of Government employees—** Any Federal Government [employee](/usc/42/2000ff.md?p=2-A) may be detailed to the [Commission](/usc/42/2000ff.md?p=1) without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. - (3) **Information from Federal agencies—** The [Commission](/usc/42/2000ff.md?p=1) may secure directly from any Federal department or [agency](/usc/42/8262.md?p=1) such information as the [Commission](/usc/42/2000ff.md?p=1) considers necessary to carry out the provisions of this section. Upon request of the [Commission](/usc/42/2000ff.md?p=1), the head of such department or [agency](/usc/42/8262.md?p=1) shall furnish such information to the [Commission](/usc/42/2000ff.md?p=1). - (4) **Hearings—** The [Commission](/usc/42/2000ff.md?p=1) may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the [Commission](/usc/42/2000ff.md?p=1) considers advisable to carry out the objectives of this section, except that, to the extent possible, the [Commission](/usc/42/2000ff.md?p=1) shall use existing data and research. - (5) **Postal services—** The [Commission](/usc/42/2000ff.md?p=1) may use the United States mails in the same manner and under the same conditions as other departments and [agencies](/usc/42/8262.md?p=1) of the Federal Government. - (e) **Report—** Not later than 1 year after all of the [members](/usc/42/2000ff.md?p=2-D) are appointed to the [Commission](/usc/42/2000ff.md?p=1) under [subsection (c)(1)](#c-1), the [Commission](/usc/42/2000ff.md?p=1) shall submit to Congress a report that summarizes the findings of the [Commission](/usc/42/2000ff.md?p=1) and makes such recommendations for legislation as are consistent with this Act. - (f) **Authorization of appropriations—** There are authorized to be appropriated to the Equal Employment Opportunity [Commission](/usc/42/2000ff.md?p=1) such sums as may be necessary to carry out this section. ## Source credit (Pub. L. 110–233, title II, § 208, May 21, 2008, 122 Stat. 917.) ## Notes ### Editorial Notes ### References in Text This Act, referred to in subsecs. (a), (b), and (e), is Pub. L. 110–233, May 21, 2008, 122 Stat. 881, known as the Genetic Information Nondiscrimination Act of 2008. For complete classification of this Act to the Code, see Short Title note set out under section 2000ff of this title and Tables. ### Statutory Notes and Related Subsidiaries ### Change of Name Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. ### Effective Date Section effective 18 months after May 21, 2008, see section 213 of Pub. L. 110–233, set out as a note under section 2000ff of this title.