Certified Leave Management Specialist (CLMS) Certification Practice Test

Under what circumstances can an employer use an employee's genetic information?

1. If it relates to workplace performance evaluations

2. If the employee has consented to share this information

3. If the employee is exhibiting related health issues impacting safety

4. If required by law to perform a workplace health assessment

The correct answer is: If the employee has consented to share this information

An employer can use an employee's genetic information if the employee has consented to share this information. Consent is a crucial element in the handling of sensitive data, including genetic information, as it respects the employee's autonomy and privacy. Under laws like the Genetic Information Nondiscrimination Act (GINA), genetic information is protected and cannot be used for employment decisions unless the employee provides explicit permission to do so. This ensures that employees are aware of how their genetic information will be utilized and that there is a clear agreement regarding its use. The other scenarios presented do not provide a valid basis for an employer to use genetic information without consent. Using genetic information for performance evaluations or in cases of health issues impacting safety would not align with legal protections against discrimination based on genetic predisposition. Additionally, while workplace health assessments may be legally mandated, they typically involve health-related information rather than specifically genetic data unless consent has been given.