The company that sells the Absopure line of bottled waters has been accused in a new class action of improperly asking job applicants about their family medical histories, allegedly in violation of Illinois' genetic information privacy law.
Randy Troxtell filed the lawsuit against Absopure Water Company on Oct. 18 in Cook County Circuit Court.
In June 2021, Troxtell allegedly applied for a job at the defendant's facility in downstate O'Fallon. During the application and hiring process, the defendant allegedly required Troxtell to disclose his family's medical history as a condition of employment, the lawsuit said.
Troxtell claims during the interview, an employee of the defendant asked Troxtell questions about his family's medical history, making handwritten notes as he responded.
Similarly, during the physical, the medical provider verbally inquired about Troxtell's family medical history, providing a written questionnaire and conducting a one-on-one examination, asking about various medical conditions with genetic predispositions, the complaint states.
Troxtell claims he complied with these requests, which he would not have volunteered if not explicitly asked.
He asserts these demands amounted to illegal demands for his family's genetic information, allegedly in violation of the Illinois Genetic Information Privacy Act.
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.
Troxtell is seeking damages of up to $15,000 per alleged violation, on behalf of himself and potentially all others who applied for employment at Absopure in recent years.
He is represented by attorneys Edward Wallace, Mark Miller and Molly Wells of Wallace Miller in Chicago; and David J. DiSabato and Kyle McLean of Siri & Glimstad in New York.