Genetic Information Discrimination

Genetic Information Discrimination at Work:
Know Your Rights

If your employer made a decision about your job based on your family medical history or genetic test results — or even just asked for that information — you may have a legal claim. This is a less well-known protection, but it’s a real one, and it works differently than most other discrimination laws. The right path forward depends on where you work and who you work for. For a general overview of how DC, Maryland, and federal employment law differ, see our Employment Discrimination overview. This page covers what’s specifically distinctive about genetic information discrimination claims.

What Is Genetic Information Discrimination?

Genetic information includes your family medical history, the results of your or a family member’s genetic tests, and any request for or receipt of genetic services or counseling. Genetic information discrimination can include:
  • Being fired, demoted, or reassigned based on family medical history
  • Being asked about family medical history during a pre-employment or fitness-for-duty medical exam
  • Harassment based on your or a family member’s genetic information
  • Retaliation against an employee who reports genetic information discrimination

Federal Law: GINA Restricts Collection, Not Just Discrimination

The Genetic Information Nondiscrimination Act (GINA), which took effect in 2009, is unusual compared to most anti-discrimination laws. Most laws focus only on prohibiting discrimination based on a trait. GINA does that — but it goes further, generally prohibiting employers from requesting, requiring, or purchasing genetic information about applicants or employees in the first place, with only a handful of narrow exceptions (like inadvertently overhearing a conversation, or acquiring family medical history through the FMLA certification process). This means an employer can violate GINA just by asking the wrong question on a medical exam form — even if it never uses the answer to make any employment decision. GINA applies to employers with 15 or more employees.

Which Laws Apply to You?

I work for a private employer or local government in Washington, DC.

DC has protected genetic information as its own trait, covers employers of any size, and allows uncapped compensatory and punitive damages. Learn about genetic information discrimination protections in DC

I work for a private employer or local government in Maryland.

Maryland protected genetic information starting in 2001 — seven years before the federal GINA existed. Learn about genetic information discrimination protections in Maryland

I am a federal government employee.

Genetic information discrimination claims for federal employees go through the standard federal EEO process — including the 45-day deadline to contact an EEO Counselor. Learn about genetic information discrimination protections for federal employees

What Compensation or Remedies Are Available?

While the specific process and damages differ by jurisdiction, workers who prove genetic information discrimination may generally be entitled to:
  • Reinstatement or a comparable position
  • Back pay for lost wages
  • Front pay, in some cases
  • Compensatory damages, including for emotional distress
  • Punitive damages, in cases involving egregious or malicious conduct
  • Attorney’s fees and costs

Note: GINA caps compensatory and punitive damages using the same tiered structure as Title VII, while the DCHRA does not. See the jurisdiction-specific pages above for details.

Talk to a Genetic Information Discrimination Attorney

This is one of the most overlooked protections in employment law — many employees don’t realize that simply being asked about family medical history during a medical exam can itself be a violation. If you believe you’ve experienced genetic information discrimination — in DC, Maryland, or as a federal employee — Wilkenfeld Law Office can help you understand your rights.
Schedule a consultation

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.
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