A new class action accuses Ford of sticking its nose where it doesn't belong, alleging job applicants were required to disclose their personal and family medical histories as a condition of employment, allegedly in violation of Illinois law.
Named plaintiffs Cayla Page, Theresa Blashaw and Kisma Bowles, on behalf of themselves and others, filed a new class action lawsuit against Ford Motor Company on Jan. 27 in Cook County Circuit Court. The complaint alleges Ford has violated their rights under the Illinois Genetic Information Privacy Act (GIPA), for allegedly requiring its applicants to submit to a pre-employment physical and disclose personal and family health and medical information as a condition of employment.
Ford is a major employer in Illinois. One of its oldest manufacturing facilities, the Chicago Assembly Plant, has been in operation since 1924 and employs 5,816 individuals at its Torrence Avenue location, where the named plaintiffs are employed.
Unlocking genetic information has paved the way for countless medical advancements, allowing individuals access to previously hidden clues as to their health. During the 1990s, the U.S. government, for instance, invested billions of dollars into the Human Genome Project with the goal of mapping the entire human genetic code.
The ability for medical science to see into the human genetic code has made it possible to uncover an individual's predisposition for certain cancers or other diseases, or whether a child may be born with conditions that will require advanced medical care.
But at the same time, legislators enacted laws with the intent of allowing people to take action if they believe those secrets are being used against them.
In Illinois, GIPA was enacted in 1998, ostensibly with the goal of allowing Illinois residents to safeguard their genetic information, including at work, as a means to discriminate on the job against applicants with certain health conditions. Employers may ask unique identifier questions such as whether an applicant has a disability. In most cases, applicants also have the right to decline to disclose.
In 2008, the Ilinois legislature amended GIPA to align more closely with the newly passed federal Genetic Information Nondiscrimination Act (GINA) to further prohibit employers from the practice of requiring its workers disclose family medical history.
With the 2008 amendment, GIPA incorporated specific language from GINA to further expand the definition of "genetic information" to include not only the results of genetic testing, but also information obtained through the disclosure of family medical history. GIPA bars any employer from directly or indirectly soliciting this kind of information as a condition for hiring, firing, promoting or demoting, or segregating employees in such a way that it would affect the status or working conditions of their employees.
The complaint is alleging that, despite GIPA restrictions, Ford continued to require its employees and applicants disclose genetic information in the form of family medical history to assist the company in making employment decisions.
Plaintiffs are seeking a trial by jury, damages of at least $2,500 to $15,000 per alleged violation, or actual damages, if greater, plus attorney fees and legal costs. They are also seeking an order prohibiting Ford from requiring the disclosure of genetic information as a condition for employment.
Plaintiffs are represented by attorneys Edward A. Wallace, Mark R. Miller and Molly C. Wells, of the firm Wallace Miller, of Chicago; and Laura Carroll, Elizabeth Brehm, and Kyle McLean, of the firm Siri & Glimstad, of New York.