A class action lawsuit has been lodged against Delta Airlines, making the airline one of the latest large employers operating in Illinois to be targeted with a potentially big money claim under the state's genetic information privacy law for allegedly asking job applicants about their medical histories.
"This case concerns the misuse of individuals’ genetic information in Illinois by one of the largest operators of an international commercial airline," says the lawsuit, filed in Cook County Circuit Court. "As a condition of employment, Defendant requires potential employees to undergo a rigorous application process, including phone conversations with Delta Airlines’ recruiters and physical exams, during which genetic information in the form of their family medical history is requested."
The Illinois Genetic Information Privacy (GIPA) prohibits companies from soliciting genetic
information of a person or family member, the lawsuit states.
"Genetic information, including familial health history, is a uniquely private and sensitive form of personal information," the lawsuit states. "The genetic information contained therein reveals a trove of intimate information about that person’s health, family, and innate characteristics. In requiring prospective employees, such as Plaintiff, to disclose their family medical histories, Defendant has violated Plaintiff’s and the other putative Class members’ statutory right to genetic privacy."
The lawsuit seeks $15,000 for each intentional violation and $2,500 for each negligent violation, plus attorney fees and court costs.
The plaintiffs are represented by attorneys Timothy P. Kingsbury, Andrew T. Heldut and Joseph Dunklin, of McGuire Law PC, of Chicago.