Back to Employment Law

Genetic Information Nondiscrimination Act (GINA)

5 minutes 5 Questions

The Genetic Information Nondiscrimination Act (GINA) of 2008 is a pivotal federal law in the United States that prohibits discrimination in employment and health insurance based on genetic information. For SHRM Certified Professionals and those involved in employment law, understanding GINA is essential to ensure lawful HR practices and to foster an inclusive workplace. GINA defines genetic information broadly, including an individual’s genetic tests, the genetic tests of family members, and the manifestation of diseases or disorders in family members. Under GINA, employers are prohibited from requesting, requiring, or purchasing genetic information, except in limited circumstances such as when necessary for determining an employee’s ability to perform job functions. In the context of hiring, firing, promotions, or any other employment decisions, employers cannot use genetic information to make discriminatory choices. This extends to maintaining the confidentiality of any genetic information obtained inadvertently. For instance, if an employer learns about an employee’s genetic information through a non-medical setting, they are prohibited from using that information in employment decisions or sharing it with other parties. Additionally, GINA restricts health insurers from using genetic information to determine eligibility, premium rates, or coverage terms. However, GINA does not cover life insurance, disability insurance, or long-term care insurance, which remain outside its scope. Compliance with GINA necessitates that HR professionals implement policies safeguarding genetic information, educate employees about their rights under the law, and train managers to avoid inadvertent disclosure or misuse of such information. Violations of GINA can result in significant legal consequences, including fines and reputational damage. In summary, GINA plays a critical role in protecting employees from genetic discrimination, thereby promoting fairness and equality in the workplace. SHRM Certified Professionals must ensure that their organizations adhere to GINA’s provisions, integrating its guidelines into employment practices and fostering an environment that respects and upholds employees' genetic privacy rights.

Understanding the Genetic Information Nondiscrimination Act (GINA)

Introduction
The Genetic Information Nondiscrimination Act (GINA) is a crucial piece of legislation that protects individuals from discrimination based on their genetic information in both employment and health insurance.

Why is GINA Important?
GINA plays a vital role in safeguarding personal genetic data, ensuring that individuals are not unfairly treated or denied opportunities based on their genetic predispositions to certain health conditions.

What is GINA?
The Genetic Information Nondiscrimination Act of 2008 is a federal law that prohibits discrimination in hiring and firing practices by employers, and restricts the use of genetic information in health insurance underwriting.

How Does GINA Work?
GINA prohibits employers from requesting, requiring, or purchasing genetic information about employees or their family members. It also restricts health insurers from using genetic information to make eligibility, coverage, underwriting, or premium-setting decisions.

Answering Exam Questions on GINA
When faced with exam questions on GINA, it's essential to demonstrate a clear understanding of its provisions, implications, and real-world applications. Ensure you reference key aspects such as protection against genetic discrimination, covered entities, and the scope of the law.

Exam Tips: Answering Questions on Genetic Information Nondiscrimination Act (GINA)
Understand the Key Provisions: Be familiar with the main protections offered by GINA, including what constitutes genetic information.
Use Examples: Illustrate your answers with real or hypothetical examples to demonstrate application of GINA.
Stay Updated: Keep abreast of any amendments or relevant case law related to GINA.
Be Clear and Concise: Structure your answers logically, ensuring clarity in explaining concepts.

Test mode:
Start practice test
SHRM-CP - Employment Law Example Questions

Test your knowledge of Amazon Simple Storage Service (S3)

Question 1

Under the Genetic Information Nondiscrimination Act (GINA), which of the following is a permissible reason for an employer to request genetic information from employees?

Correct Answer: Facilitating participation in a voluntary employee wellness program

The correct answer is 'Facilitating participation in a voluntary employee wellness program.' Under GINA, employers are allowed to request genetic information if it is part of a voluntary wellness program aimed at improving employee health. The other options are impermissible because GINA prohibits making employment decisions, such as hiring, promotions, or setting prerequisites for employment, based on genetic information. Requiring genetic testing or using genetic predispositions for employment decisions violates the protections established by GINA.

Question 2

Under the Genetic Information Nondiscrimination Act (GINA), employers cannot request which of the following from employees or job applicants?

Correct Answer: Genetic information, including family medical history

Under the Genetic Information Nondiscrimination Act (GINA), employers are prohibited from requesting genetic information, including family medical history, from employees or job applicants. This is to prevent discrimination based on genetic predispositions to certain health conditions. The other options, such as current physical examinations necessary for the job, standard background checks regarding employment eligibility, and health information related to existing employee fitness for duty, are permissible under GINA as they are relevant to job performance and safety requirements.

Question 3

Under the Genetic Information Nondiscrimination Act (GINA), under which circumstance can an employer legally require genetic information from an employee?

Correct Answer: When essential for determining eligibility for job-related safety duties.

Under GINA, employers are prohibited from requesting or requiring genetic information from employees, except when it is essential for determining eligibility for job-related safety duties. This exception allows employers to collect genetic information only when it is necessary to ensure the safety of the employee and others in the workplace. The other options involve general health assessments, evaluating potential based on genetic traits, or voluntary surveys, none of which are permitted under GINA.

Go Premium

SHRM Certified Professional Preparation Package (2024)

  • 4708 Superior-grade SHRM Certified Professional practice questions.
  • Accelerated Mastery: Deep dive into critical topics to fast-track your mastery.
  • Unlock Effortless SHRM-CP preparation: 5 full exams.
  • 100% Satisfaction Guaranteed: Full refund with no questions if unsatisfied.
  • Bonus: If you upgrade now you get upgraded access to all courses
  • Risk-Free Decision: Start with a 7-day free trial - get premium features at no cost!
More Genetic Information Nondiscrimination Act (GINA) questions
12 questions (total)
Start 12 question test