Current and former RUSH University Medical Center employees who were asked about their family medical history may have a claim under the Illinois Genetic Information Privacy Act (GIPA).
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This page describes a potential class action investigation. Whether RUSH University Medical Center 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 RUSH University Medical Center Genetic Privacy Investigation About?
Current or former employees of RUSH University Medical Center who were asked about their family medical history may be eligible for compensation. The Illinois Genetic Information Privacy Act (also known as GIPA) generally does not allow an employer to ask about your family's health history, because doing so may violate the privacy rights of family members who never consented to having their medical conditions shared.If you worked at RUSH University Medical Center and were allegedly asked, verbally or in writing, about any medical conditions that your parents, grandparents, siblings, or other family members may have had, that may have violated the Genetic Information Privacy Act.
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.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 May My Rights Have Been Violated? What Can I Do?
If you are an Illinois resident who worked at RUSH University Medical Center, and you were asked about your family's medical history sometime in the past 5 years during any of the following, 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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