Certified Leave Management Specialist (CLMS) Certification Practice Test

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Which law protects against the genetic discrimination by employers?

ADA
HIPAA
GINA
FMLA

The correct answer is: GINA

The law that protects against genetic discrimination by employers is the Genetic Information Nondiscrimination Act, commonly known as GINA. This legislation was enacted to prohibit discrimination based on genetic information in both health insurance and employment contexts. Specifically, it prevents employers from using genetic information when making employment decisions, such as hiring, promotions, or firing. This protection ensures that individuals are not disadvantaged in the workplace due to their genetic predispositions or family medical history. While the ADA (Americans with Disabilities Act) addresses discrimination against individuals with disabilities, and HIPAA (Health Insurance Portability and Accountability Act) primarily focuses on protecting health information privacy, neither law directly addresses genetic discrimination in the same comprehensive manner as GINA. FMLA (Family and Medical Leave Act) provides leave related to serious health conditions but does not encompass protections against discrimination based on genetic information. Thus, GINA is specifically tailored to protect employees from the misuse of genetic information by employers.