The District of Columbia Human Rights Act prohibits employment practices that discriminate on the basis of actual or perceived disability or on the basis of genetic information (DC Code Sec. 2-1402.11 et seq.). The Act covers all employers in the District regardless of size.
As defined by the Act, "genetic information" means information obtained from a genetic test about the presence of any gene, chromosome, protein, or certain metabolites that indicate or confirm that an individual or an individual's family member has a mutation or other genotype that is scientifically or medically believed to cause a disease, disorder, or syndrome.
Genetic information. The federal Genetic Information Nondiscrimination Act (GINA) prohibits employers from discriminating against employees or applicants on the basis of genetic information about the employees, applicants, or their family members. GINA applies to all public employers, private employers with 15 or more employees, employment agencies, and labor organizations.
With limited exceptions, GINA prohibits employers from requesting or requiring genetic testing or information from employees or job applicants at any time. Therefore, employers should take steps to ensure that preemployment inquiries and physical examinations do not include genetic testing and that examination results provided to the employer do not include genetic information.