A new class action lawsuit accuses industrial construction firm Kelly Group of violating Illinois' genetic information privacy law by asking workers and job applicants for their family medical histories.
Plaintiff Craig Overheul filed a class action lawsuit in the Cook County Circuit Court against Kelly Group Design and Construction LLC, alleging negligence and carelessness in violation of the Illinois Genetic Information Privacy Act (GIPA).
According to the lawsuit, Overheul was hired to work for Kelly Group in June 2022. He alleges that during the application and hiring phases, he was required to submit to a physical examination, during which he was required to disclose his personal medical history, including diseases, disorders and other genetic information with which his family members have been diagnosed.
The lawsuit states that GIPA prohibits employers from requesting or requiring the genetic information of prospective employees or their family members as a condition of employment. Additionally, employers are prohibited from affecting the terms of employment or depriving employees of employment opportunities because of their or their family members' genetic information.
Overheul alleges that the Kelly Group invaded his privacy and the privacy of thousands of employees by requiring physical examinations and collecting genetic information during the hiring and employment process. He further adds that the company never received a release from him allowing them to collect his genetic information, and he never authorized the company to collect his genetic information for this use.
Overheul is seeking monetary damages for himself and everyone in his class action lawsuit, plus interest, court costs, attorney fees, and any other relief the court deems proper. He is also requesting the court issue an order requiring the Kelly Group to cease the collection of genetic information.
The plaintiff is represented by the attorneys of McGuire Law P.C., of Chicago.