Genetic Information Discrimination for Federal Employees
Protecting Genetic Information in the Federal Workplace
If you’re a federal employee facing genetic information discrimination, you’re protected directly under the Genetic Information Nondiscrimination Act (GINA), which explicitly prohibits federal agencies from using or relying on genetic information for any employment decision. You’ll pursue your claim through the federal EEO process. For the full process — the 45-day deadline, how to file, and what happens at each stage — see our Genetic Information Discrimination overview. This page covers what’s specific to genetic information discrimination claims within that process.
GINA Applies to Federal Agencies Directly
Unlike some other protections that route federal employees through a separate statute (such as the Rehabilitation Act
for disability), GINA itself explicitly covers the federal government as an employer. Genetic information was added
directly as a basis for filing a federal EEO complaint when GINA took effect, so this claim follows the same standard process as your other federal discrimination claims — no special track required. As with private-sector employers, federal agencies generally cannot request, require, or acquire genetic information
about employees or applicants, including through medical exams, fitness-for-duty evaluations, or wellness
programs, except in narrow, specifically defined circumstances.
What Compensation Can You Recover?
Federal employees who prove genetic information discrimination are entitled to remedies similar to other federal-sector Title VII-adjacent claims, including compensatory damages capped at $300,000 — punitive damages are not available against federal agencies.
Remedies may also include:
- Reinstatement, promotion, or other equitable relief
- Back pay and, in some cases, front pay
- Attorney’s fees and costs
Unlike DC or Maryland private-sector employees, federal employees generally cannot supplement a GINA claim with a state or local human rights law claim, since federal sector employment discrimination is governed by federal law regardless of whether you work in DC, Maryland, or elsewhere. This means the DCHRA’s uncapped damages are generally not available to you as a federal employee.
What Counts as Genetic Information Discrimination for Federal Employees?
This can include being asked about family medical history during a federal employment medical exam, being denied a position or reassigned based on family medical history, harassment based on genetic information, or retaliation for
reporting genetic information discrimination.
Talk to a Federal Sector Genetic Information Discrimination Attorney
This is a protection many federal employees don’t realize applies to them. Wilkenfeld Law Office can help you evaluate whether your agency’s request for medical information crossed a legal line.
Or call 301.245.3035 · Intake@WilkenfeldLO.com
This article provides general information and is not legal advice. Contacting us does not create an attorney-client relationship.
Reviewed by Ari Wilkenfeld, Esq. (DC Bar No. 461063; MD Bar No. 9806240300). Ari has over 27 years of experience litigating in federal and state courts, and before the U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Merit Systems Protection Board (MSPB), and various arbitration panels. Ari has been recognized by Esquire Magazine as “a famously determined Civil Rights lawyer” and by the New York Post as “a high powered DC Lawyer.” Last updated: August 28, 2026.