Buffalo Wild Wings Illegally Requests Family Medical Histories from Illinois Job Applicants, Lawsuit Claims
Morton et al. v. Buffalo Wild Wings, Inc. et al.
Filed: May 5, 2025 ◆§ 25CH05008
A class action alleges Buffalo Wild Wings has violated Illinois job applicants’ genetic privacy rights by asking for family medical histories.
Illinois
A proposed class action lawsuit alleges Buffalo Wild Wings has violated Illinois job applicants’ genetic privacy rights by asking for family medical histories as part of the hiring process.
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The 28-page lawsuit alleges the restaurant chain has violated the Illinois’ Genetic Information Privacy Act (GIPA), a state law enacted in 1998 to address concerns about the potential misuse of genetic data, particularly in employment contexts.
The GIPA specifically prohibits employers from directly or indirectly requesting an individual’s genetic information as a condition of employment or as part of a pre-employment application, the complaint shares. The case notes that under the GIPA, “genetic information” includes family medical histories.
According to the filing, Buffalo Wild Wings illegally requires prospective employees in Illinois to submit applications containing questions about their family medical history, including any inheritable diseases or disorders experienced by immediate family members.
The case was filed by two Illinois residents who claim they were subjected to questioning about their family medical histories when applying for jobs at Buffalo Wild Wings. The restaurant chain, which reportedly owns and operates 89 locations in Illinois, failed to inform the applicants of their right to genetic privacy, causing the first plaintiff to disclose his family history of kidney disease and breast cancer and the second plaintiff to disclose his family history of high blood pressure, the suit alleges.
“The availability of genetic information presents opportunities for discrimination—for example, groups with a predisposition for genetic conditions may be barred from obtaining certain jobs or life insurance,” the Buffalo Wild Wings lawsuit contends. “[The] GIPA is intended to protect prospective employees from this kind of discrimination in employment.”
The lawsuit looks to represent all individuals who applied for employment with Buffalo Wild Wings in Illinois and from whom Buffalo Wild Wings, or an agent, vendor, and/or contractor acting on behalf of the defendant or for the defendant’s benefit, has requested and/or obtained family medical history or other genetic information during the applicable statute of limitations period.
Learn all about the legal process: What is a class action lawsuit?
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