; and (2) is determined to be such harassment in accordance with paragraphs (3) and (4) of section 703(o) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2(o) ). . (5) Genetic Information Nondiscrimination Act of 2008 Section 202 of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff–1 ) is amended by adding at the end the following: (d) Workplace harassment It shall be an unlawful employment practice under subsection (a) to engage in workplace harassment, which is conduct based on genetic information, regardless of whether it is direct or indirect, or verbal or nonverbal, that— (1) unreasonably alters an individual’s terms, conditions, or privileges of employment, including by creating an intimidating, hostile, or offensive work environment; and (2) is determined to be such harassment in accordance with paragraphs (3) and (4) of section 703(o) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2(o) ). . (6) Chapter 43 of title 38, United States Code Section 4311 of title 38, United States Code, is amended by adding at the end the following: (e) It shall be an unlawful employment practice under subsection (a) to engage in workplace harassment, which is conduct based on uniformed services status (meaning the membership, application for membership, performance of service, application for service, or obligation, described in subsection (a)), regardless of whether it is direct or indirect, or verbal or nonverbal, that— (1) unreasonably alters an individual’s benefits of employment, including by creating an intimidating, hostile, or offensive work environment