Class Action Says Advocate Aurora Health Illegally Requested Job Applicants’ Family Medical Histories [DISMISSED]
Last Updated on May 7, 2024
Mendoza v. Advocate Health and Hospitals Corporation et al.
Filed: August 30, 2023 ◆§ 2023CH07844
A class action claims Advocate Aurora Health unlawfully requires job applicants to provide their family medical histories as part of the hiring process.
Illinois
May 7, 2024 – Advocate Aurora Health GIPA Lawsuit Dismissed
The proposed class action lawsuit detailed on this page was dismissed on April 24, 2024.
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In a six-page order granting Advocate Health and Hospitals Corp. and Advocate Aurora Health, Inc.’s motion to dismiss the case, U.S. District Judge Joel Chupack found that the medical history questionnaire the plaintiff was asked to complete did not include questions about her family’s history.
Judge Chupack noted that the questionnaire, which the defendants submitted to the court as evidence, largely required the plaintiff to disclose information about any “current medical conditions and history” that could compromise the health of patients.
The judge also found that the plaintiff’s employment was not contingent on the disclosure of her medical records, as she had already been hired at the time of her pre-employment screening. According to the order, the woman signed a release included in the questionnaire affirming that “these questions were not asked of me until after I was offered a position with Advocate.”
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Advocate Health and Hospitals Corporation and Advocate Aurora Health, Inc. face a proposed class action in which an Illinois employee claims the healthcare system operators unlawfully required her to provide her family medical history as part of the hiring process.
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According to the 17-page case, the Illinois Genetic Information Privacy Act (GIPA) prohibits companies from asking about or using genetic information—including an individual’s family medical history—to make employment decisions.
However, the plaintiff claims she was required to submit a pre-employment physical revealing her family medical history when she applied for a position with Advocate Health and Hospitals Corporation and Advocate Aurora Health in September 2021.
During the physical, a medical provider employed by the defendants asked the plaintiff to disclose both verbally and in writing whether her parents had developed medical conditions with genetic predispositions, such as cardiac health, cancer and diabetes, the complaint alleges.
The lawsuit claims the defendants evaluate this information so they can make hiring decisions that best shield themselves from liability for workplace injuries or deaths caused by genetic conditions. For example, the healthcare system operators may avoid hiring a candidate they believe has inherited ailments that could be exacerbated by high-stress or physically demanding workplace conditions, the filing says.
The complaint explains that the GIPA was first passed in 1998 with the goal of ensuring that genetic information is not used to discriminate against employees.
“Consistent with this goal, GIPA provides strong legal protections to ensure that Illinois residents can take advantage of the knowledge that can be gained from obtaining personal genetic information, without fear that this same information could be used by employers to discriminate against them,” the case reads.
The lawsuit looks to represent anyone in Illinois who, within the past five years, applied for employment with or was employed by Advocate Health and Hospitals Corporation or Advocate Aurora Health and from whom the defendants or agents acting on their behalf requested and/or obtained genetic information, including family medical history, in connection with their application or their employment with the defendants.
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