To Prohibit Discrimination in Federal Employment Based on Genetic Information

This executive order prohibits federal agencies from discriminating against employees, job applicants, or former employees based on genetic information or use of genetic services. It bars agencies from requesting, collecting, or disclosing protected genetic information except in narrow circumstances, and requires such information be kept separate from general personnel files.

Federal Register Open PDF 65 FR 6877

Key directives

Prohibit discrimination based on protected genetic information in all aspects of federal employment
EEOC shall coordinate government-wide policy implementation
Agency heads shall extend policy to all employees covered by section 717 of Title VII
Agency heads shall designate high-level official responsible for carrying out order responsibilities
Agencies shall not maintain genetic information in general personnel files; must keep as confidential medical records separate from personnel files
Agencies shall not request, require, collect, or purchase protected genetic information except under specified exceptions

Who is ordered

Timeline

Immediate

Policy takes effect; agencies must comply with nondiscrimination requirements
Agency heads must designate high-level official for implementation

Near term (90d)

Agencies must disseminate policy internally
EEOC assumes coordination responsibility for government-wide policy

Long term

Ongoing compliance monitoring and enforcement
Potential Labor Department genetic monitoring regulations to be promulgated

Risks & tensions

No explicit enforcement mechanism or penalties specified in order text
Order explicitly disclaims creating enforceable legal rights (Section 1-403), potentially weakening individual recourse
Vague 'appropriate action' standard for dissemination leaves implementation breadth uncertain
Exception for 'lawful program' identification purposes (1-301(e)(3)) could permit broad collection if interpreted expansively
Reliance on future Labor Department regulations for genetic monitoring standards creates regulatory gap until promulgation