Illinois’ Genetic Information Privacy Act (GIPA)

Prohibited Actions

GIPA places important responsibilities on employers regarding genetic information. For example:

• They must protect genetic data and ensure fair and discrimination-free employment decisions. Employers cannot ask for, demand, or use genetic information when making hiring or employment decisions.
• This rule applies at all stages of employment, including hiring, promotions, and termination. GIPA aims to prevent genetic discrimination in the workplace and promote equal opportunities for everyone, regardless of their genetic makeup.
• In addition, GIPA requires employers not to use genetic data to determine employment terms. Genetic information should not influence job assignments, salary, benefits, or career advancement decisions. Employers must assess employees based on their skills, qualifications, and performance rather than genetic traits or predispositions.
• GIPA prohibits employers from retaliating against employees who report violations of the law. This includes any adverse actions against employees who raise concerns or file complaints about genetic privacy violations. Employers must create a safe and supportive environment for employees to voice their concerns without fear of retaliation, ensuring that genetic privacy rights are respected and protected in the workplace.

The Surge in GIPA Class Actions

GIPA class action lawsuits are rising in Illinois, signaling increased attention to genetic privacy rights. These lawsuits typically involve claims that employers unlawfully collect, use, or share genetic information in ways that violate individuals' privacy rights or lead to discriminatory practices.

Here’s what you need to know:

• One of the main reasons for the increase in GIPA class action lawsuits is the law's provision for significant penalties and attorney fees for violations. This encourages plaintiffs and their legal representatives to take legal action against employers believed to have violated GIPA's requirements, such as mishandling genetic data or engaging in discriminatory employment practices based on genetic information.
• Recent GIPA class action complaints often focus on employers allegedly asking candidates or employees to disclose family medical histories or undergo genetic testing during the hiring process or as part of workplace wellness programs. These actions may be seen as attempts to gather sensitive genetic information for impermissible purposes, such as making employment decisions based on genetic traits or discriminating against individuals with certain genetic predispositions.
• GIPA's private right of action, which allows aggrieved individuals to seek legal remedies for violations, has contributed to the increase in class action lawsuits. Plaintiffs in GIPA class actions may seek damages for statutory penalties, injunctive relief, and attorney fees, making these cases financially appealing for plaintiffs' attorneys and encouraging a proactive approach to enforcing genetic privacy rights.

As GIPA class action lawsuits gain momentum, employers must prioritize compliance with GIPA's requirements. Staying informed about legal developments, seeking guidance from legal counsel, and implementing proactive risk mitigation strategies can help employers navigate the complexities of GIPA and reduce potential litigation risks.