Employers across Illinois have been put on notice by a recent increase in class action lawsuits brought under the Illinois Genetic Information Privacy Act (GIPA). A federal law instated in 2008, the Genetic Information Non-Discrimination Act (GINA) serves as a regulator for the collection and usage of genetic information. Its reach is wide, including prohibitions on employers from requesting or requiring information about an individual’s or their family member’s genetics. This even extends to the ‘manifestation of a disease’ within family members, which could make a common medical inquiry – such as asking if there’s any history of cancer or heart disease in your family – potentially a legal issue.
This recent surge in class action suits underscores the necessity for corporate legal teams to re-examine and refine their companies’ current data collection and usage practices, particularly in regards to personal and genetic data. By being fully versed in the stipulations and requirements under the GIPA, companies can ensure that they are not unknowingly engaging in illegal activity.
It is recommended that companies operating in or employing individuals in Illinois should be especially cognizant. The stringent regulations put in place by the GIPA, alongside the escalating enforcement seen in recent class actions, heighten the risk for businesses not fully compliant with the law.
In order to avoid costly legal battles in the future, it is imperative that corporations and their respective law teams maintain an acute understanding of the GIPA and GINA, and swiftly implement any necessary changes to their data collection and usage methods. Parties interested in learning more on this issue can access the full report on the recent surge in class actions here.