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No GINA Violation for Alternate Duty Assignment After Firefighter Refused Compliance with 'Mandatory Wellness Program'
Jackson Lewis P.C.Link to more items from this source
Dec. 10, 2015
"Ortiz argued the employer violated GINA by requiring him to participate in the mandatory wellness program. The appeals court rejected this argument because Ortiz presented no evidence that the employer had requested, required, or purchased his genetic information or discriminated against him based on his genetic information. The Court suggested that Ortiz had misread GINA as forbidding any wellness program that was mandatory, regardless of whether it requested genetic information." [Ortiz v. City of San Antonio Fire Dep't, No. 15-50341 (5th Cir. Nov. 18, 2015)]

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