Illinois employees and job applicants who were asked by Tyson Foods or United Airlines 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 Tyson Foods, United Airlines, or any other 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?
Attorneys are investigating United Airlines and Tyson Foods, Inc. over claims that Illinois residents were asked about their family medical history during the application process or their employment with the companies. The investigations allege that asking about family medical history in these circumstances would violate the Illinois Genetic Information Privacy Act (GIPA), which 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. These remain unproven allegations. If you are an Illinois resident and were asked within the last five years about your family's health history by a manager or someone else at United Airlines or Tyson Foods during hiring or your employment, you can submit your information using the form below to see whether you may be eligible for potential compensation.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 Allegedly 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 at Tyson Foods or United Airlines, the 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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