Preventing discrimination based on plan data

(a) In general Part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.) is amended by adding at the end the following: 524. Preventing discrimination based on plan data (a) In general It shall be unlawful for a person specified in subsection (c) to discharge, fine, suspend, expel, discipline, or discriminate against, including by failing to meet the requirements of subsection (a) or (b) of section 702 (related to discrimination in eligibility and premiums for participation in group health plans), a participant or beneficiary on the basis of information or data described in section 724. (b) Enforcement (1) In general The provisions of section 502 shall be applicable in the enforcement of this section, except that in any action brought under subsection (a)(1)(B) of such section in relation to data or information described in section 724, a participant or beneficiary may not be required to exhaust administrative remedies prior to bringing such action. (2) Equitable relief In applying section 502 for the purposes of this section, the term equitable relief shall include any relief necessary to restore a participant or beneficiary to the position they would have occupied but for a violation of subsection (a). (3) Civil monetary penalty (A) In general In the case of a violation of subsection (a) by a person, the Secretary may assess a civil monetary penalty against such person. (B) Amount The amount of the civil monetary penalty imposed by subparagraph (A) shall be $100 for each day in the noncompliance period with respect to each participant or beneficiary to whom such violation of subsection (a) relates. (C) Noncompliance period For the purposes of this subparagraph, the term noncompliance period means, with respect to any violation of subsection (a), the period— (i) beginning on the date such violation occurs; and (ii) ending on the date such violation is corrected. (c) Specified person A person specified in this subsection is any of the following: (1) An employer. (2) A plan sponsor. (3) A plan administrator. (4) A plan fiduciary.. (b) Rule of construction Nothing in this Act, or the amendments made by this Act, shall be construed to limit the application of any Federal or State privacy or civil rights law, including the HIPAA privacy regulations, the Genetic Information Nondiscrimination Act of 2008 (Public Law 110–233) (including the amendments made by such Act), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), section 1557 of the Patient Protection and Affordable Care Act (42 U.S.C. 18116), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), and title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e). (c) Clerical amendment The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.) is amended by inserting after the item relating to section 523 the following: Sec. 524. Preventing discrimination based on plan data..