Illinois genetic information privacy act class action lawsuit

Genetic Information Privacy Act violations: Who’s affected?

If you were required to disclose personal or family genetic information as part of the hiring process, you may be eligible to receive compensation. Fill out the form on this page to learn more. 

Over the past three decades, various privacy laws have been established at both national and local levels to safeguard individuals’ personal and medical data. Acts such as the Health Insurance Portability and Accountability Act (HIPAA) and Illinois’s Genetic Information Privacy Act (GIPA) aim to ensure the confidentiality of sensitive information and guarantee equitable treatment by insurers and employers. 

However, certain employers may be requesting data that is protected under GIPA. If during an interview you were asked about personal or family medical history, or if a prospective employer required a physical examination, you could qualify to pursue legal action. Compliance with all applicable laws is vital, so any such situations warrant careful review.

What is the IllinoisGenetic Information Privacy Act (GIPA)?

Passed in 1998, the Genetic Information Privacy Act (GIPA) was enacted to establish robust privacy protections for individuals’ genetic information. This landmark legislation safeguards genetic test results, including:

– Results for the individual 

– Results for the individual’s family members

– Any medical diagnoses derived from genetic testing

Under GIPA, all such information is strictly confidential. Written authorization is required to access an individual’s genetic data. 

The privacy act also establishes important employment protections. Employers are not allowed to require or request an employee’s genetic information. Genetic testing as a condition of employment is expressly prohibited. Should any genetic data be inadvertently shared with an employer, the act forbids adverse actions. Specifically, an employer is precluded from altering an employee’s job duties or classification, revoking privileges or terminating employment based on genetic information.

Overall, GIPA establishes a rigorous framework to ensure the privacy of individuals’ genetic data and prevent misuse in employment contexts. The legislation safeguards this sensitive health information and empowers individuals.

Were you asked about your family medical history as a job applicant? 

Several individuals have recently alleged that potential employers may be inappropriately requesting medical information that is protected under the Genetic Information Privacy Act (GIPA). Multiple companies in Illinois reportedly include physical examinations or health interviews as part of the hiring process. These evaluations are often conducted by an employer-selected physician or an existing employee.  

During this phase of the interview process, job applicants have been allegedly asked to disclose personal and family medical histories. These individuals argued that such requests directly breach the privacy protections afforded by GIPA.

Fill out the form on this page to see if you qualify for a free case evaluation.