Genetic Information Nondiscrimination Act (GINA) practice test

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.