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COOK COUNTY RECORD

Monday, May 6, 2024

Class action: United Airlines wrongly asked about workers' medical histories

Lawsuits
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A class action lawsuit accuses United Airlines of violating Illinois' genetic information privacy law by allegedly improperly asking job applicants about their family medical histories.

Ginnie McKnight claims United Airlines misused her genetic information, violating the Illinois Genetic Information Privacy Act, according to a complaint filed Oct. 16 in Cook County Circuit Court.

As a condition of employment, the defendants mandate prospective employees disclose their family medical histories during a physical exam, thereby violating the Illinois Genetic Information Privacy Act, according to the suit.

McKnight claims despite state regulations like GIPA, the defendants persisted in requesting protected family medical history from employees and prospective employees.

McKnight claims being required to answer questions about her family medical history violates GIPA.

"Absent a class action, most members of the Class would find the cost of litigating their claims to be prohibitively expensive and would thus have no effective remedy," the complaint states. 

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. 

McKnight is seeking statutory damages of $15,000 for each intentional violation of the law and $2,500 for each negligent violation, plus legal fees and interest.

She is represented by Timothy P. Kingsbury, Andrew T. Heldut and Joseph Dunklin, of McGuire Law P.C. in Chicago.

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