Genetic information is among the most sensitive and personal data a person can possess. It reveals family medical history, inherited health risks, predispositions, and biological traits that should never influence your career, your performance evaluation, or your federal employment opportunities. That is why Congress passed the Genetic Information Nondiscrimination Act (GINA), one of the strongest workplace privacy laws in the nation.

GINA protects federal employees and applicants from being judged, investigated, or treated differently because of:

  • Family medical history

  • Genetic test results

  • Participation in genetic counseling

  • DNA-related information

  • The genetic information of children or family members

  • Perceived or actual genetic conditions

Despite these protections, violations are surprisingly common across federal agencies. Genetic information may be requested improperly in medical documentation. Supervisors may make comments or assumptions about future health risks. Agencies may store or circulate medical information improperly. And some employees find themselves targeted or excluded based on nothing more than their family health history.

This guide gives you the most comprehensive overview available anywhere online about your rights as a federal employee under GINA and federal EEO law. It explains what counts as genetic information discrimination, how agencies unlawfully obtain or use this data, how retaliation happens, and what you can do to fight back.

As Federal Genetic Information Discrimination Lawyers, the National Security Law Firm combines insider government expertise, military discipline, and a mission-first legal strategy to defend federal employees across the country.

National Security Law Firm: It’s Our Turn to Fight for You.

What Is Genetic Information Under GINA?

GINA defines genetic information very broadly. It includes:

  • The genetic test results of the employee

  • The genetic test results of family members

  • Family medical history

  • Requests for or receipt of genetic services

  • Participation in genetic testing, counseling, or education

  • Genetic information of a fetus or embryo

  • Information about inherited conditions or predispositions

Family medical history is the most common source of protected information.
For example:

  • Parental Alzheimer’s

  • Sibling breast cancer

  • Familial heart disease

  • Huntington’s disease

  • Diabetes running in the family

  • Genetic mutations or biomarkers

All of these qualify as genetic information under the law.

What Is Genetic Information Discrimination in the Federal Workplace?

Genetic information discrimination occurs when a federal agency:

  • Treats an employee differently because of their family medical history

  • Uses genetic information when making employment decisions

  • Shares or circulates genetic information improperly

  • Asks for genetic information illegally

  • Pressures employees to reveal family health issues

  • Retaliates when employees object to providing such information

Examples include:

  • Refusing to hire someone whose family has a history of early-onset cancer

  • Penalizing an employee because a parent has a neurological disorder

  • Assuming an employee will be “expensive” due to hereditary medical risks

  • Considering genetic predisposition in fitness-for-duty decisions

  • Gossiping about an employee’s hereditary illnesses

  • Using genetic diseases in the family to question reliability

  • Creating a hostile environment due to family medical history

These actions are illegal regardless of whether the employee has an actual disability. GINA protects individuals even if they are perfectly healthy.

Illegal Requests for Genetic Information

Federal agencies are prohibited from asking for or seeking genetic data.
Common unlawful requests include:

  • Asking for family medical history during pre-employment screening

  • Requesting genetic information in medical documentation for leave

  • Asking for genetic details during reasonable accommodation processing

  • Using broad medical forms that solicit unnecessary family health history

  • Asking intrusive questions about hereditary conditions

Under GINA, agencies cannot request:

  • Whether anyone in your family had cancer

  • Whether your parents have neurological disorders

  • Whether pregnancy risks run in your family

  • Whether you have been genetically tested

  • Whether you carry specific genetic markers

  • Whether you are predisposed to chronic disease

Federal agencies often violate this rule unintentionally when supervisors or HR ask for “all medical documentation” or “full medical history.”
Such blanket requests are illegal.

Improper Use or Disclosure of Genetic Information

Even if the agency obtains genetic information accidentally, GINA strictly controls how it must be handled.

It is unlawful for an agency to:

  • Store genetic information in your personnel file

  • Discuss your family medical history with coworkers

  • Share genetic information with your supervisor

  • Circulate your medical documentation

  • Allow genetic data to appear on performance paperwork

  • Use genetic data during FOH or FFD review

  • Include genetic details in emails or written reports

Genetic information must be:

  • Kept separate from personnel files

  • Stored as confidential medical information

  • Accessible only to personnel with a medical need to know

Unauthorized disclosure is a standalone violation, even if discrimination does not occur.

Genetic Information and Reasonable Accommodation

GINA is separate from the Rehabilitation Act.
Even if a family medical condition is not your own disability:

  • You are still protected from being penalized because of it

  • The agency cannot deny opportunities based on future or potential medical issues

  • The agency cannot impose duties or restrictions because of inherited risks

However, GINA does not itself create reasonable accommodation rights.
Accommodation rights come from:

  • The Rehabilitation Act

  • Federal disability law

  • Agency RA procedures

GINA protects your privacy and ensures agencies cannot use family genetics as a backdoor method to deny accommodations or question credibility.

Hostile Work Environment Based on Genetic Information

Harassment based on genetic information is illegal.
This includes:

  • Comments about family cancer history

  • Mocking hereditary diseases

  • Statements implying future decline

  • Gossip about reproductive risks

  • Remarks about “bad genes”

  • Negative assumptions tied to race, ethnicity, or inherited traits

  • Insensitive jokes about genetic disorders

  • Repeated intrusive questions about family health issues

A hostile environment does not require extreme cruelty.
A pattern of unwanted comments may be enough.

Retaliation Under GINA

GINA contains a strong anti-retaliation clause.
It is unlawful to retaliate because an employee:

  • Refused to provide genetic information

  • Challenged an unlawful request

  • Filed an EEO complaint

  • Raised concerns about medical privacy

  • Reported supervisor misuse of medical data

  • Participated in an EEO investigation

Retaliation includes:

  • Negative performance reviews

  • Removing telework

  • Increased scrutiny

  • PIPs

  • Details withheld

  • Schedule changes

  • Discipline

  • Harassment

GINA retaliation claims are powerful because the employee does not need to prove discrimination — only that the protected activity caused the adverse action.

Common Ways Federal Agencies Violate GINA

1. Medical Documentation Overreach

Agencies sometimes request:
“Submit documentation of your family medical history.”

This is illegal.

2. FOH and FFD Exams Asking Improper Questions

Fitness exams often contain broad forms requesting unnecessary genetic details.

3. Supervisors Asking About Family Health

Well-meaning but unlawful questions like:
“Does this run in your family?”
“Have any relatives had this condition?”

4. Overbroad Sick Leave Forms

Forms that request medical history beyond the employee’s own condition.

5. Gossip or Disclosure

Supervisors or coworkers discussing personal medical or genetic information.

6. Disciplinary or Performance Decisions Based on Genetics

Using a family condition to predict:

  • Attendance

  • Reliability

  • Stress tolerance

  • Health costs

  • Future disability

Every example above violates GINA.

Filing a Genetic Information Discrimination Claim

GINA violations are handled through the federal EEO process.

Step 1: Contact EEO Counselor (45 days)

The 45-day deadline applies once you know or reasonably should have known of the violation.

Step 2: Informal Counseling

The counselor attempts to resolve the matter.

Step 3: File a Formal Complaint (15 days)

You must identify:

  • The GINA violation

  • Retaliation

  • Any related claims (Rehab Act, harassment, privacy violations)

Step 4: Agency Investigation

The agency compiles the record of investigation.

Step 5: Hearing Before EEOC Administrative Judge

The judge can award:

  • Compensatory damages

  • Corrective action

  • Attorney’s fees

  • Confidentiality protection

  • Policy changes

  • Training

Step 6: Appeal to OFO or File in Court

GINA supports strong remedies.

Note that GINA claims cannot go to MSPB unless combined with a mixed case involving adverse action.

What You Can Recover in a GINA Case

Remedies may include:

  • Compensatory damages up to $300,000

  • Corrective action

  • Reinstatement (if tied to a mixed case)

  • Policy and training enforcement

  • Attorney’s fees

  • Expungement of medical documentation

  • Privacy protections

  • Removal of improper medical questions

  • Changes in accommodation processing

GINA is one of the strongest confidentiality and anti-harassment laws available.

Why GINA Claims Are Often Easy to Prove

GINA violations are often straightforward because:

  • Agencies document everything

  • Medical records and emails reveal unlawful requests

  • Performance documents often mention family medical history

  • HR forms frequently over-collect data

  • Supervisors admit to asking questions they should not

  • Privacy breaches are clear and traceable

  • Retaliation often follows immediately

NSLF leverages these records to build overwhelming cases.

How NSLF Wins Genetic Information Discrimination Cases

Our approach includes:

1. Identifying Every Privacy Breach

We examine emails, leave documentation, medical requests, supervisor notes, and FOH communications.

2. Exposing Improper Questions

We highlight where supervisors and HR asked for genetic information.

3. Linking Retaliation to Protected Activity

Timing often proves intent.

4. Privacy and Confidentiality Analysis

We uncover any mishandling, dissemination, or misplacement of medical documents.

5. Strategic Framing

We frame the case under:

  • GINA

  • Rehabilitation Act

  • Privacy violations

  • Retaliation

This multi-pronged approach maximizes case value.

6. Aggressive Litigation

We pursue discovery, depositions, and EEO hearings to expose wrongdoing.

7. High-Value Settlements

GINA violations frequently settle because they are so embarrassing to agencies.

Why NSLF

Federal employees choose NSLF because:

  • We are former federal insiders

  • We understand medical documentation rules

  • We know how agencies violate privacy

  • We spot hidden GINA violations instantly

  • We identify retaliation patterns

  • We use aggressive litigation strategy

  • We meet weekly in Attorney Review Board sessions

  • We have a 4.9-star rating on Google

  • We represent federal employees nationwide

  • We are mission driven and veteran founded

We fight for our clients like an elite unit: disciplined, prepared, and relentless.

Federal Employment Defense Resource Hub

Explore more guides at:

NSLF’s Employment Law Resource Hub

This hub covers:

  • RA

  • MSPB

  • OSC

  • EEO

  • Security clearance

  • Whistleblower retaliation

  • All forms of discrimination

Ready to Take the Next Step

If you are experiencing:

  • Genetic information discrimination

  • Illegal medical questions

  • Privacy breaches

  • Harassment

  • Retaliation

  • Improper disclosure

  • Forced medical exams

  • Suspension tied to family medical history

  • Denial of opportunities based on genetics

You need a Federal Genetic Information Discrimination Lawyer to protect you.

Book a free consultation

We will:

  • Analyze your claims

  • Map out your strongest strategy

  • Protect your privacy

  • Stop retaliation

  • Build a high-value case

  • Fight for your career and dignity

National Security Law Firm: It’s Our Turn to Fight for You.