A class action lawsuit accuses Aramark of violating Illinois' genetic information privacy law by allegedly improperly asking workers about their family medical histories.
Teba Stewart applied for employment with the defendant at their Chicago office in September 2021 and during the application process, she claims she was asked to disclose her family's medical history, specifically focusing on diseases and conditions with genetic predispositions, according to a complaint filed in Cook County Circuit Court.
Stewart claims this request was made both verbally and through a written questionnaire provided to Stewart during a pre-employment interview conducted by a defendant employee.
The questionnaire asked about various ailments such as cardiac health, cancer and diabetes in her family members, according to the suit.
Stewart claims the employee, with a file containing her responses, further inquired about her medical history and that of her family, noting down the information provided.
Stewart claims she complied with these requests, revealing her family's genetic information, as she believed it was necessary for her employment application.
There was no instruction from the defendant to withhold this information, and Stewart did not provide prior written authorization for the use of her genetic information, according to the suit.
Stewart claims the interview was a mandatory step in the employment process, and Stewart's hiring was contingent upon her participation and disclosure of her genetic information.
Stewart claims that the defendant's requirement to disclose genetic information without proper consent violated her rights during the pre-employment application.
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.
Stewart is seeking actual damages. She is represented by attorneys Edward Wallace, Mark R. Miller and Molly C. Wells, of the Wallace Miller firm in Chicago; and David J. DiSabato and Kyle D. McLean, of Siri & Glimstad, in New York.