Southern Illinois Healthcare Foundation Facing Class Action for Alleged Violation of Illinois Genetic Privacy Law

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A proposed class action claims Southern Illinois Healthcare Foundation (SIHF) has “repeatedly disregard[ed]” an Illinois privacy law by requesting that job applicants and employees disclose their family medical histories for the purpose of making employment decisions.

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The 15-page lawsuit says the company, which does business as SIHF Healthcare, has collected prospective and current employees’ family medical histories as part of its hiring process in direct violation of the Illinois Genetic Information Privacy Act (GIPA). Enacted in 1998, the GIPA aims to protect residents from having their protected genetic information—including their family medical histories—used against them in employment settings, the case shares.

According to the suit, the GIPA prohibits employers from directly or indirectly requesting or using genetic information to make employment decisions.

The Illinois plaintiff, a former SIHF Healthcare employee, applied for a position with the company in September 2022, the case relays. As a part of the hiring process, the woman was instructed to undergo a pre-employment physical during which she was asked to disclose her family medical history, which she provided, the complaint states.

However, the filing claims that the plaintiff never authorized the company to use her genetic information in any capacity.

The lawsuit alleges that the defendant, which operates a network of healthcare facilities throughout Illinois, has “improperly” used employees’ family medical history data to assess the risk that an individual may be predisposed to or have inherited a genetic condition that could become a liability for the company in the future.

The suit contends that although SIHF Healthcare is aware of its obligations under the GIPA, the defendant nonetheless collected protected genetic information from the plaintiff and other workers, in direct violation of Illinois law.

The lawsuit looks to represent any current, former or prospective employees of SIHF Healthcare residing in Illinois from whom the defendant or an agent acting on its behalf requested or obtained genetic information, including family medical history, in connection with their employment or application for employment since October 16, 2018.

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