Ortiz v. City of San Antonio Fire Dept.

Plaintiff appealed the district court's grant of summary judgment to the Department on his claims of employment discrimination in violation of the Genetic Information Nondiscrimination Act (GINA), 42 U.S.C. 2000ff-1, retaliation in violation of GINA, and national origin discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. The court concluded that the district court correctly dismissed the first claim because plaintiff presented no evidence that the Department requested, required, or purchased his genetic information, or discriminated against him on the basis of genetic information; the district court's conclusion that the timeline of events and the Department's submitted evidence showed that its actions were motivated by plaintiff's refusal to take a stress test; and the district court's findings - that the timing of plaintiff's placements on administrative duty showed that the Department’s motive was ensuring compliance with the Wellness Program and furthering its goals, not discriminating against plaintiff because of his national origin - were not erroneous. Accordingly, the court affirmed the judgment. View "Ortiz v. City of San Antonio Fire Dept." on Justia Law