Difficulty: Hard

Average Score: 0%

A hiring manager researched a job applicant's social media history and discovered a post from the applicant about a family member being diagnosed with Parkinson disease. The hiring manager decided not to hire the applicant based on this discovery.

Which law did the hiring manager violate?

Rationale

Genetic Information Nondiscrimination Act of 2008.

The hiring manager violated the Genetic Information Nondiscrimination Act (GINA) by making a hiring decision based on the applicant's family medical history. GINA prohibits employers from using genetic information in employment decisions, ensuring that individuals are not discriminated against due to their family members' health conditions.

A (Fair Labor Standards Act of 1938) YOUR ANSWER

This act primarily addresses minimum wage, overtime pay, and child labor laws. It does not pertain to hiring practices or discrimination based on medical history, making it irrelevant in this context.

B (Genetic Information Nondiscrimination Act of 2008) CORRECT

GINA specifically prohibits discrimination in employment based on genetic information, including family medical history. The hiring manager’s decision to not hire the applicant due to a family member's Parkinson's disease constitutes a clear violation of this law.

C (Family and Medical Leave Act of 1993) YOUR ANSWER

The Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid leave for specific family and medical reasons. It does not address hiring decisions or discrimination, thus making it inapplicable to the situation described.

D (Americans with Disabilities Act of 1990) YOUR ANSWER

While the Americans with Disabilities Act (ADA) protects individuals with disabilities from discrimination, it does not specifically cover discrimination based on the medical history of family members. Therefore, it does not apply to the hiring manager's actions in this scenario.

Conclusion

The hiring manager's decision to reject the applicant based on a family member's health condition constitutes a violation of GINA, which safeguards against discrimination based on genetic information. Understanding and adhering to these laws is crucial for ensuring fair hiring practices and protecting individuals from bias related to their family medical history.

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