In Farmer v. Dr. Lucia Patino, Optometrist, P.C., 2019 WL 110956 (E.D.N.Y. Jan. 4, 2019), the court dismissed plaintiff’s claim under the Genetic Information Nondiscrimination Act (GINA).
It summarized the statute:
The GINA restricts the circumstances under which an employer may request or use genetic information, including information about an individual’s “genetic tests, the genetic tests of family members of such individual, and the manifestation of a disease or disorder in family members of such individual.” 42 U.S.C. § 2000ff(4)(A). The Act makes it unlawful for an employer “to request, require, or purchase genetic information with respect to an employee or a family member of the employee,” 42 U.S.C. § 2000ff-1(b), or to discriminate against an employee or prospective employee because of genetic information with respect to the employee, id. § 2000ff-1(a).
The court dismissed plaintiff’s GINA claim because plaintiff “does not allege that the defendants took any kind of action related to his genetic information, let alone discriminated against him as a result of such information.”