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Question
A manager is suggesting that the company use the results of genetic testing as criteria for promotion to senior technical positions. The company will pay for the testing. Employees who do not agree to the testing will not be offered promotional opportunities. Which of the following is correct?
A) This is legal because the company is paying for the costs associated with the testing, and they will apply the criteria consistently across all employees being considered
B) It cannot be determined if this is legal or illegal because we do not have information that tell us if the criteria is job related or not.
C) This is illegal under ADA because the testing is being imposed on current employees. If it were for outside applicants, it would be illegal
D) This is legal under GINA, because employers are allowed to test current employees, however results of genetic testing cannot be used in decisions regarding applicants.
E) This is illegal under GINA, which prohibits the use of genetic test results being used for firing, or promotional decisions.
Answer
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