A class action lawsuit accuses Advocate, one of the largest operators of hospitals in Illinois, of violating a state genetic information privacy law by allegedly requiring job applicants to divulge family medical history.
This is one of the latest lawsuits in a flurry of class actions against a host of Illinois employers in recent weeks under the Illinois Genetic
Information Privacy Act. The law was enacted in 1998 "with the goal to protect Illinois residents from having their genetic information being used against them in employment settings," the lawsuit states.
Advocate operates a network of healthcare facilities in multiple states with more than 1,000 employees in Illinois, according to the lawsuit, filed in Cook County Circuit Court.
In September 2021, Advocate allegedly required the lead plaintiff, Estella Mendoza, to disclose genetic information as part of a job application, the suit alleges.
"Ms. Mendoza was required to submit to a pre-employment physical as a requirement of the hiring process," the suit alleges. "The physical was conducted at the Downers Grove Facility by a medical provider, who upon information and belief was an employee of Defendants. During the physical, the provider verbally requested Ms. Mendoza to disclose her family medical history, including whether medical conditions with genetic predispositions has manifested in her parents, including cardiac health, cancer, and diabetes,among other ailments."
The lawsuit seeks to include as plaintiffs all Illinois residents who applied for jobs with Advocate or were hired during the last five years and who were asked to provide information on their family medical history.
It seeks the greater of $15,000 or actual damages for every intentional violation of the law and $2,500 for each negligent violation plus attorney fees and court costs.
The plaintiffs are represented by Edward A. Wallace, Mark R. Miller and Molly C. Wells, of Wallace Miller law firm.