SPHR · Question #249
An HR director decided not to interview a qualified applicant because of personal knowledge that the applicant's family has a history of cancer. The director's decision created an alternative risk of:
The correct answer is A. Genetic discrimination. This scenario falls squarely under genetic discrimination, which is prohibited by GINA (Genetic Information Nondiscrimination Act). GINA forbids employers from using genetic information, including family medical history, in hiring, firing, or promotion decisions. Extract from…
Question
An HR director decided not to interview a qualified applicant because of personal knowledge that the applicant's family has a history of cancer. The director's decision created an alternative risk of:
Options
- AGenetic discrimination
- BFMLA violation
- CNegligent hiring
- DAdverse impact
How the community answered
(24 responses)- A71% (17)
- B17% (4)
- C8% (2)
- D4% (1)
Explanation
This scenario falls squarely under genetic discrimination, which is prohibited by GINA (Genetic Information Nondiscrimination Act). GINA forbids employers from using genetic information, including family medical history, in hiring, firing, or promotion decisions. Extract from HRCI-aligned HR knowledge: The Employee Relations and Engagement domain includes "ensuring compliance with employment law including GINA, ADA, and FMLA." HR must never use genetic data (including family health history) in employment decisions, as this poses a federal liability risk.
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