A class action lawsuit has been filed against a major food and beverage company, accusing it of violating privacy laws by improperly soliciting genetic information from job applicants. The complaint was lodged by Derrence Winfield on January 8, 2025, in the Circuit Court of Cook County, Illinois, against Nestlé USA, Inc. Winfield claims that Nestlé required prospective employees to undergo physical examinations that included inquiries about their family medical histories, allegedly breaching the Illinois Genetic Information Privacy Act (GIPA).
According to the lawsuit, Nestlé is accused of using genetic information as a precondition for employment applications. The plaintiff alleges that this practice affected hundreds of potential employees who applied for jobs with Nestlé in Illinois over the past five years. "Defendant or its agents have performed physical examinations on hundreds of prospective employees," Winfield's complaint states, highlighting the scale of the alleged violations.
Winfield seeks to represent a class consisting of all individuals who were subjected to these practices within the specified timeframe. The lawsuit demands statutory damages amounting to $15,000 for each intentional or reckless violation and $2,500 for each negligent violation of GIPA. Additionally, Winfield requests declaratory relief and an injunction to prevent further violations by Nestlé.
Nestlé has denied any wrongdoing and argues that it did not solicit or misuse genetic information as claimed. In response to the lawsuit, Nestlé filed a notice of removal on February 12, 2025, seeking to transfer the case from state court to federal court under the Class Action Fairness Act (CAFA). This act allows federal jurisdiction over class actions where certain criteria are met, including a class size exceeding 100 members and an amount in controversy surpassing $5 million.
The removal notice outlines why federal jurisdiction is appropriate: minimal diversity exists between parties since Winfield is an Illinois resident while Nestlé is incorporated in Delaware with headquarters in Virginia; and the aggregated claims potentially exceed $5 million given GIPA’s statutory damages provisions.
In addition to statutory damages, Winfield also seeks attorney's fees and injunctive relief requiring Nestlé to comply with GIPA moving forward. The cost implications for Nestlé could be significant if systemic changes are mandated across its hiring processes.
The legal proceedings will now continue in the United States District Court for the Northern District of Illinois under Case No. 1:25-cv-01494. Representing Nestlé are attorneys Carmine L. Zarlenga from Mayer Brown LLP’s Washington D.C. office along with Marcia E. Goodman and Matthew D. Provance from their Chicago office.