A class action lawsuit has been lodged against Southwest Airlines, making the airline the latest large employer 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.
"As a condition of employment, Defendant requires potential employees to undergo a physical exam during which genetic
information in the form of their family medical history is requested," says the suit, filed in Cook County Circuit Court.
The Illinois Genetic Information Privacy Act prohibits companies from improperly collecting people's genetic information. The lawsuit asserts this also prevents employees from asking potential employees about their medical histories, according to the lawsuit.
"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 suit seeks $15,000 for each intentional violation of the law 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 Colin P. Buscarini of McGuire Law P.C., of Chicago