Freight railroad Canadian Pacific Railway has become one of the latest large employers in Illinois targeted by a class action under the state's genetic information privacy law, accusing the company of wrongly asking job applicants about their family medical histories.
The railroad violated the Genetic Information Privacy Act (GIPA), which was enacted GIPA in 1998 to "protect Illinois residents from having their genetic information being used against them in employment settings," according to 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," the suit says.
When lead plaintiff Robert Meeks applied for a job with the railroad in 2022, he was required to submit a pre-employment physical, according to the suit.
"The physical was conducted in Illinois by a third-party medical provider," the lawsuit states. " During the physical, the provider verbally requested Mr.
Meeks to disclose his family medical history, including whether medical conditions with genetic predispositions has manifested in his parents, including cardiac health, cancer, and diabetes, among other conditions."
The suit seeks $15,000 for each intentional or reckless violation of the law and $2,500 for each negligent violation, plus attorney fees.
The plaintiffs are represented by Edward A. Wallace, Mark R. Miller and Molly C. Wells, of the firm of Wallace Miller, of Chicago, and David J. DiSabato and
Kyle D. McLean, of Siri & Glimstad LLP, of New York.