Genetic Information Discrimination in Maryland

Genetic Information Discrimination in Maryland: Ahead of Federal Law by Seven Years

If you work in Maryland, you’re protected from genetic information discrimination under both federal law (GINA) and the Maryland Fair Employment Practices Act (FEPA). Maryland’s protection actually predates GINA significantly: Governor Parris Glendening signed Maryland’s genetic information protection into law in May 2001, making it unlawful for an employer to fail or refuse to hire, or to discharge, an individual because of genetic information or a refusal to submit to a genetic test — seven years before the federal GINA took effect in 2009. For the general framework covering genetic information discrimination in every jurisdiction, see our Genetic Information Discrimination overview page.

What Counts as Genetic Information Under Maryland Law?

Maryland’s protection covers genetic information and an individual’s refusal to submit to a genetic test or make available the results of a genetic test. Employers cannot request or require genetic tests or genetic information as a condition of hiring or determining employee benefits.

Maryland's Employer Coverage

FEPA applies to employers with 15 or more employees — the same threshold as GINA, and narrower than DC’s 1-employee threshold.

How Long Do You Have to File a Claim in Maryland?

  • Administrative complaint with the Maryland Commission on Civil Rights (MCCR): generally 300 days from the discriminatory act.
  • EEOC charge (for federal GINA claims): also 300 days, since Maryland has a state agency enforcing its own anti-discrimination law.
  • Maryland generally requires exhausting the administrative process with MCCR before filing a civil lawsuit under FEPA — unlike DC, which allows filing directly in court.
  • Harassment claims specifically: 2 years to file with MCCR, measured from the last incident of harassment.

What Counts as Genetic Information Discrimination in Maryland?

Genetic information discrimination can include:
  • Refusal to hire, promote, or fairly compensate someone because of genetic information
  • Requiring a genetic test as a condition of employment or benefits eligibility
  • Taking adverse action because an employee refused to submit to a genetic test
  • Retaliation against an employee who reports genetic information discrimination

What Compensation Can You Recover?

Workers who successfully bring a genetic information discrimination claim in Maryland may be entitled to:
  • Reinstatement in your position
  • Back pay and front pay
  • Compensatory damages, including for emotional distress
  • Punitive damages, if the employer acted with actual malice
  • Attorney’s fees and litigation costs

Note on damages: Maryland’s compensatory and punitive damages under FEPA are generally capped at levels mirroring Title VII — ranging from $50,000 to $300,000 depending on employer size — narrower than the DCHRA’s uncapped damages available to DC workers.

Talk to a Maryland Genetic Information Discrimination Attorney

Maryland was ahead of the curve on this issue, protecting workers from genetic information discrimination years before it became a national conversation. If you believe your employer requested or used genetic information improperly, it’s worth understanding your options.
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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