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Caterpillar is accused of violating an Illinois state genetic information privacy law by allegedly improperly asking employees about their family medical history as a condition of employment.
"Unlocking the human genetic code came with it the potential for hitherto unfathomable medical development," states the lawsuit filed in Cook County Circuit Court. " It permitted individuals to learn in detail the possibilities that were hidden within their genome."
The complaint noted genetic analysis can reveal predispositions for a range of health conditions or maladies.
Under the Illinois Genetic Information Privacy Act, companies can't collect genetic information from people without knowing and disclosing how the information will be used, the suit states.
"All of this information can only be obtained if people are willing to allow sharing of genetic information, and that is only possible if people know that their genetic information will not be used against them in future employment, insurance or other situations," the suit states. "For example, few women would want to learn about a predisposition to breast cancer if that meant that they could be barred from certain jobs or prevented from obtaining life insurance."
According to the complaint, Caterpillar required job applicants to answer a list of questions about their family medical history. The lawsuit asserts such questions violate the state GIPA law because such medical histories could unwittingly reveal genetic information about the job applicant, the suit contends.
Caterpillar "chose to repeatedly disregard Illinois’ genetic privacy laws by asking its employees to provide genetic information in the form of family medical history to assist the companies in making employment decisions," according to the suit.
Named plaintiffs in the action include Kerry Branson and Shelley Dotson, who each worked at a Caterpillar facility in downstate Decatur.
Their lawsuit seeks a court order to stop the practice plus at least $15,000 damages for each violation, attorney fees and court costs.
"By indirectly or directly soliciting or requesting Plaintiffs and the proposed Class members to provide their genetic information as described herein, Defendant violated Plaintiffs’ and the proposed Class members’ rights to privacy in their genetic information," the plaintiffs allege in their complaint.
The plaintiffs are represented by attorneys Edward A. Wallace, Mark R. Miller and Molly C. Wells, of Wallace Miller, of Chicago, and Kyle McLean, of Siri ^ Glimstad, of New York.