In an important privacy law development, United States District Court for the Northern District of Illinois, Judge Sharon Coleman, has issued two of the first federal decisions applying a substantive analysis to provisions of the Illinois Genetic Information Privacy Act, 410 ILCS 513/1 et seq. (“GIPA”) as it relates to employment-related examinations.
By way of background, GIPA governs the collection of “genetic information” by employers, labor organizations, certain insurers, and other entities. GIPA prohibits, among other things, employers from requiring applicants or employees to disclose their “genetic information” as a condition of employment.
In two separate cases, Judge Coleman denied motions to dismiss filed by the defendants, United Airlines and Union Pacific Railroad, in proposed class actions cases. McKnight v. United Airlines, Inc., Case No. 23-cv-16118, and Taylor v. Union Pacific Railroad Co., Case No. 23-cv-16404. The allegations in both complaints asserted that the defendants violated the applicants’ privacy rights under GIPA by requiring them to disclose their family medical history (including family history about high blood pressure, cancer, diabetes, and heart disease) during physical examinations required for hiring.
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