Illinois employees and job applicants who were asked about their family medical history may have a claim under the Genetic Information Privacy Act (GIPA).
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This page describes a potential class action investigation. Whether any employer violated GIPA is unproven, no class has been certified, and there is nothing to claim at this time. This page is informational and is not legal advice.
What's the Illinois Genetic Privacy Investigation About?
If you were asked about your family's health history at work or during your job application process, the employer may have violated Illinois state law. The Illinois Genetic Information Privacy Act (GIPA) generally does not allow an employer to ask about your family's health history, because doing so can intrude on the privacy of family members who never consented to having their medical conditions shared.What Are GIPA and GINA? What's the Difference?
GIPA — Illinois Genetic Information Privacy Act. GIPA is an Illinois law that seeks to protect the genetic information of Illinois residents. The protection covers individuals' privacy and non-discrimination based on "genetic" information, as defined by HIPAA. Generally, the law does not allow employers to make decisions based on certain HIPAA-defined "genetic" factors such as RNA, DNA, proteins, chromosomes, metabolites, mutations, or chromosomal changes. It also prohibits the release of some of this private information to anyone other than the person being genetically tested. This is similar to how personally identifiable information is protected.GINA — Genetic Information Nondiscrimination Act. GINA is the federal counterpart. The law aims to protect Americans from employers who might otherwise fire, refuse to hire, or treat someone unfairly on the basis of genetic information or family medical history. Under GINA, "genetic" information can include data about a gene test, family medical history, gene tests of a family member, or genetic information about a fetus, embryo, or reproductive information of an individual.
How Were My Rights Violated? What Can I Do?
If you are an Illinois resident, and you were asked about your family's medical history sometime in the past 5 years during any of the following, your employer may have violated the Genetic Information Privacy Act and you may be eligible for compensation:• A pre-employment physical,
• During the interview process, or
• Anytime during employment.
If this describes you, submit your information using the form below to see whether you may qualify.
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