Freight railroad company Norfolk Southern has become one of the latest employers in Illinois tagged with a potentially massive class action lawsuit accusing the company of violating Illinois' genetic information privacy law by allegedly improperly asking job applicants about their family medical histories.
The lawsuit accuses the railroad of violating the Illinois Genetic Information Privacy Act. (GIPA)
That law "prohibits employers from learning or using genetic information in making employment decisions," says the lawsuit filed in Cook County Circuit Court. "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."
Norfolk Southern "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 company in making employment decisions," the suit says.
It seeks $15,000 for each intentional violation of the law and $2,500 for each negligent violation, plus legal fees.
In recent months, dozens of similar class actions have piled into Cook County Circuit Court and other courts in Illinois. Defense lawyers and other observers have warned employers and the state economy face big risks from the growing wave of such lawsuits, which could seek massive payouts as judgments or settlements.
The plaintiffs are represented by attorneys Edward A. Wallace, Mark R. Miller and Molly C. Wells, of Wallace Miller, of Chicago, and David J. DiSabato and
Kyle D. McLean, of Siri & Glimstad LLP, of New York.
Meeks v. Norfolk Southern Railway Co., Cook County Circuit Court, 2023CH08762.