An Illinois resident has filed a lawsuit against drugmaker Abbvie, claiming the company has violated Illinois' genetic information privacy law by asking job applicants to provide information about their family medical histories.
Plaintiff Daniel Henry filed a class action lawsuit in Cook County Circuit Court against AbbVie, citing violations of the Illinois Genetic Information Privacy Act (GIPA).
According to the lawsuit, in December 2022, Henry applied for a job position with the pharmaceutical company based in Chicago's north suburbs. Henry alleges that during the application and hiring phases, he was required to disclose his personal medical history as part of a pre-employment physical exam that asked him questions about diseases or disorders his family members may have been diagnosed with.
Henry contends that the physical exam and providing this alleged "genetic information" were conditions for employment.
The lawsuit states that GIPA was enacted in 1998 to safeguard residents from genetic information discrimination. GIPA prohibits employers from using "genetic information" in employment decisions, encompassing family medical history. Despite these provisions, the complaint asserts that AbbVie has repeatedly violated Illinois' genetic privacy laws by requesting employees' medical history during the hiring process.
Henry alleges the company never received a release from him allowing them to collect his "genetic information," and he never authorized the company to collect the information.
Henry is seeking certification of his class action lawsuit to represent individuals who were asked for similar information from AbbVie. He is seeking damages of $2,500–$15,000 per alleged violation for himself and everyone in the class action lawsuit, plus interest, attorney's fees, court costs and other relief. He is also requesting the court issue an injunction ordering AbbVie to comply with GIPA and cease the collection of such information from job applicants.
The plaintiff is represented by attorneys Edward A. Wallace, Mark R. Miller, and Nicholas P. Kelly, of Wallace Miller in Chicago; David J. DiSabato, of Siri & Glimstad LLP in New York City; and Kyle D. McLean, of Siri & Glimstad in Los Angeles.