Genetic Information Discrimination in DC
Genetic Information Discrimination in DC: Your Rights Under DC and Federal Law
If you work in Washington, DC, you’re protected from genetic information discrimination under both federal law (GINA) and the DC Human Rights Act (DCHRA) — and DC’s law reaches further than federal law in several ways. For the general framework covering genetic information discrimination in every jurisdiction, see our Genetic Information Discrimination overview.
DC's Definition of Genetic Information
The DCHRA protects genetic information as its own trait, covering information about the presence of a gene, chromosome, protein, or other genetic marker that indicates or confirms that an individual or a family member has a mutation or other genotype scientifically or medically believed to cause a disease, disorder, or syndrome — as long as that information was obtained from a genetic test. The DCHRA also includes a “subterfuge” provision, making it unlawful to take an adverse action for a reason that wouldn’t have been asserted but for, even partially, someone’s genetic information.
Worth knowing: DC goes beyond simply prohibiting discrimination based on genetic information — it also directly bars an employer from requesting, requiring, or collecting your genetic information in the first place, not just from using it once obtained. This is a meaningfully stronger protection than a law that only prohibits discriminatory use, since it stops the problem before your employer ever has the information in hand.
DC Law Covers Employers of Any Size
Federal law under GINA applies only to employers with 15 or more employees. The DCHRA covers DC employers of any size, including small businesses, independent contractors, and unpaid interns — far broader than GINA’s threshold.
How Long Do You Have to File a Claim in DC?
- Administrative complaint with the DC Office of Human Rights (OHR): within one year of the discriminatory act or its discovery.
- Filing directly in court: two years, following the 2024 Fairness in Human Rights Administration Amendment Act’s extension of this deadline.
- Federal GINA claims generally require filing an EEOC charge within 180–300 days before you can sue, and DC complaints filed with OHR are typically cross-filed with the EEOC automatically.
- Unlike federal claims, DC law does not require you to exhaust the OHR process before going directly to court.
What Counts as Genetic Information Discrimination in DC?
Genetic information discrimination can include:
- Refusal to hire, promote, or fairly compensate someone because of genetic information
- Requesting or requiring genetic information as a condition of employment
- Harassment based on genetic information
- Retaliation against an employee who reports genetic information discrimination
What Compensation Can You Recover?
Workers who successfully bring a genetic information discrimination claim in DC may be entitled to:
- Back pay and front pay
- Reinstatement or a comparable position
- Compensatory damages, including for emotional distress
- Punitive damages, where the employer acted with actual malice or ill intent
- Attorney’s fees and costs
A key DC advantage: unlike GINA, which caps combined compensatory and punitive damages using Title VII’s tiered structure, the DCHRA imposes no cap — the court can award whatever amount it finds appropriate to the case.
Talk to a DC Genetic Information Discrimination Attorney
This is a protection few workers know exists. If you believe your employer requested genetic information it shouldn’t have, or made a decision based on your family medical history, it’s worth understanding your options.
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.