According to the Genetic Information Nondiscrimination Act—–?

According to the Genetic Information Nondiscrimination Act—–?
A . an employer is legally culpable if genetic information is obtained inadvertently
B . employers who self-insure coverage can use genetic information to screen out employees for health benefits under the safe harbor rule
C . an employer may use genetic information to make an employment decision if it is relevant to an individual’s current ability to work
D . it is not illegal if an employer obtains genetic information accidentally or pursuant to the FMLA

View Answer

Answer: D

Explanation:

Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits the use of genetic information in making employment decisions. An employer may not use genetic information to make an employment decision because genetic information is not relevant to an individual’s current ability to work. It is also unlawful for employers to request, require, or purchase an applicant’s or employee’s genetic information. There are a few exceptions to this rule, such as: when an employer gets genetic information inadvertently or pursuant to the FMLA; when an employee receives voluntary health or genetic services that an employer offers; or when an employer acquires genetic information from sources that are "commercially and publicly available," like newspapers, books, and public websites. An employer must keep any genetic information it does acquire about an applicant or employee confidential.