The Genetic Information Nondiscrimination Act (GINA) prohibits employers from:

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Accepted Answer

Using genetic information in employment decisions. The Genetic Information Nondiscrimination Act (GINA), enacted in 2008, prohibits employers from using genetic information - including family medical history, genetic test results, and information about genetic services - in making employment decisions such as hiring, firing, promotion, or compensation. It also prohibits employers from requesting, requiring, or purchasing genetic information about employees or their family members.

Requiring disclosure of education level is a standard employment practice that is not restricted by GINA, as educational qualifications are relevant to job requirements and are not genetic information. Asking about prior work experience is a normal part of the hiring process that GINA does not address, as employment history is not genetic information. Conducting background checks on job applicants is regulated by the Fair Credit Reporting Act (FCRA) and state laws, not GINA, as criminal and credit background checks do not involve genetic information.

GINA is one of the newer employment discrimination laws tested on the DSST Human Resource Management exam. Students should understand what constitutes genetic information under the law, the limited exceptions to the prohibition on acquiring genetic information (such as inadvertent acquisition or commercially available information), and how GINA complements other anti-discrimination statutes like the ADA in protecting employee medical privacy.

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