A class action lawsuit accuses Hodgkins-based seafood seller Ethos of violating an Illinois genetic information privacy law by allegedly asking workers about their family medical histories.
That practice violated the lllinois Genetic Information Privacy Act (GIPA), states the lawsuit, filed in Cook County Circuit Court.
The law "recognized the uniquely private and sensitive nature of genetic information – and the potential for harmful discrimination that such information may encourage among employers," the lawsuit states.
Richard J. Daley Center, Chicago
| Jonathan Bilyk
The company, as part of its hiring process, requires employees to undergo physical exams, the suit says.
"Defendants’ physical examinations include the solicitation of information regarding the manifestation of diseases in family members of the prospective employee," the lawsuit states. "Despite GIPA’s prohibition against soliciting family medical information concerning familial diseases and disorders, Defendants continue to request that their employees and prospective employees provide protected familial medical history in violation of GIPA."
The company also failed to tell employees that they had a legal right to refuse to answer questions about genetic information, the suit alleges.
It seeks $15,000 for each reckless or intentional violation of GIPA and $2,500 for each negligent violation, plus attorney fees.
The plaintiffs are represented by attorneys Timothy P. Kingsbury, Andrew T. Heldut and William Kingston of McGuire Law P.C., of Chicago.
Ginski v. Ethos Seafood Group, LLC. et al, Cook County Circuit Court, 2023CH09029