yes or no, and explain why or why not. Explain why GINA is Violated or explain w
ID: 352104 • Letter: Y
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yes or no, and explain why or why not. Explain why GINA is Violated or explain why it is not.
QUESTIONS 1. Has anyone in the following scenarios violated GINA? If so, what part of the law was violated? (a) Supervisor overhears Employee A say she and her sister share the same gene predictive of developing breast cancer. Supervisor gives Employee A a lower performance rating than she deserves, in preparation for letting her go with the next round of lay-offs. (b) A health professional working learns that Employee B has family members with breast cancer as a result of a medical interview in which EmployeeB participated as a requirement for joining the company's wellness program He shares that information with Employee B's supervisor over lunch. (c) Employer asks Employee C, who has requested Family and Medical Leave, to certify the health status of the family member she will care for, and Employee C provides evidence that her mother has breast cancer. (d) Employee D reads the obituary of Employee C's mother, describing that she died after a long struggle with breast cancer for which she carried a predic- tive gene. She shares this information with Supervisor, who asks Employee C to take a genetic test. (e) A drilling company uses vast quantities of water containing toxic chemicals in a "fracking" operation, which forces water deep underground to fracture rock and release natural gas. During routine medical check-ups given by the company that normally do not contain genetic testing, workers' blood is analyzed to find out if exposure to toxic chemicals in this process might be causing health problems. Three employees are discovered to have a genetic tendency to develop lymphoma and are given desk jobs that pay less. (f) Same as (e), but the tests are mandated by state law, the employees are given notice, sign consent forms, and are told the results and why they have been reassigned.Explanation / Answer
This does violate GINA as the supervisor did a discrimination based on the gene predictive information of the employee A. This is invalid. This scenario again violates GINA, as it is invalid to disclose an employee’s genetic information. This information is confidential. This scenario is valid, as the employer had asked in writing about the genetic information of employee to grant her leave based on the validity of the request. GINA regulations state that an employer is prohibited from acquiring genetic information by making requests about current health status of the employee. So this is again a violation. GINA regulations state that an employer who acquires genetic information shall not limit or classify employees in a way that adversely affects employment status. So, this is again a violation. When the tests are mandated by state law, this is not a violation.
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