A new class action lawsuit has accused a private ambulance company of violating a state genetic privacy law by allegedly forcing workers to share their family medical history when applying for a job
According to the lawsuit in Cook County Circuit Court, the Illinois Genetic Information Privacy Act was passed in 1998 "with the goal to protect Illinois
residents from having their genetic information being used against them in employment settings."
The legislation prohibits employers from "learning or using genetic information in making employment decisions," the suit says. " GIPA bars employers from asking about employees or potential employees’ genetic information, prevents employers from obtaining this information from third parties, and forbids employers from using such information to affect the terms and conditions of employment."
According to the new lawsuit, Superior Air-Ground Ambulance Services Inc. ignored the law, the employees allege.
"Defendant 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," the suit says.
One job applicant, Monica Smith, said she was presented with a written questionnaire during an interview, the suit alleges.
"The questionnaire asked Ms. Smith to disclose whether various diseases or disorders had manifested in her family members, including cardiac health, asthma and cancer," the lawsuit states. "In response, Ms. Smith disclosed genetic information, including her family members’ medical histories. Ms. Smith would not have volunteered her genetic information if Defendant had not asked Ms. Smith to do so."
The suit seeks $15,000 for each intentional violation of the law and $2,500 for each negligent violation plus attorney fees. It also seeks an order "prohibiting Defendant from soliciting, requesting and/or requiring genetic information as a condition of employment or in a pre-employment application pursuant to GIPA."
The plaintiffs are represented by attorneys Edward A. Wallace, Mark R. Miller and Molly C. Wells, of the firm of Wallace Miller, of Chicago.