The Chicago Transit Authority (CTA) is accused in a new class action lawsuit of violating a state genetic information privacy law by requiring workers to disclose parts of their families' medical histories.
In the complaint filed in Cook County Circuit Court, CTA employees Yolanda Berry and Kennethia Howleit accuse the transit agency of violating the Illinois Genetic Information Privacy Act.
"The Illinois Legislature enacted GIPA in 1998 with the goal to protect Illinois residents from having their genetic information being used against them in employment settings," the suit says. "Among its other valuable protections, GIPA prohibits employers from learning or using genetic information in making employment decisions. 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."
Berry applied for a job as a bus driver in May 2021 and was asked to take a physical exam, the suit said.
"During the physical, the provider gave Ms. Berry a written questionnaire and requested Ms. Berry to provide responses to the questions therein," the lawsuit states. "The questionnaire asked Ms. Berry to disclose whether various diseases or disorders with a genetic predisposition had
manifested in her family members, including whether Ms. Berry’s parents had a history of cardiac health, cancer, and diabetes, among other ailments."
The lawsuit details a similar experience for Howeleit who applied for a position of customer service assistant in November 2022.
The plaintiffs claim this required disclosure amounted to a demand for their genetic information protected by the law.
They are pressing claims on their own behalf, as well as potentially many others who have applied for jobs at the CTA.
The lawsuit seeks damages of $15,000 for each intentional violation of the law and $2,500 for each negligent violation, plus attorney fees and court costs.
The plaintiffs are represented by attorneys Edward A. Wallace, Mark R. Miller and Molly C. Wells, of Wallace Miller law firm, of Chicago.