Evanston Illegally Collected Employee's Genetic Information, Lawsuit Alleges

EVANSTON, IL — A lawsuit filed against the City of Evanston recently alleges the city illegally collects sensitive genetic information about employees before they are allowed to start working.

According to the complaint, the city requires employees to complete a pre-employment physical that includes a questionnaire, which requests information about family medical history. The lawsuit claims this is a violation of the Genetic Information Privacy Act (GIPA), which protects individuals from having their genetic information used against them in a discriminatory manner.

The lawsuit was filed on Aug. 15 on behalf of Melvin Jeter, a former equipment operator, and similarly situated individuals.

"[The City of Evanston] chose to disregard Illinois’ genetic privacy laws by repeatedly asking job applicants and/or employees to provide genetic information, in the form of family medical history," the lawsuit states.

In the complaint, Jeter alleged the city required him to disclose any diseases and conditions that had manifested in his family members as a condition of his employment during a required medical exam in 2022. Jeter's hiring was conditioned upon his completing the physical, the lawsuit said, and he would not have disclosed the personal information had he not been instructed to do so.

"Believing that he would not be hired unless he completed the entirety of the physical, including the family medical history information, Mr. Jeter disclosed genetic information about his family members’ medical histories," the lawsuit states.

The lawsuit argued that the city improperly uses an employee's family medical history to evaluate the risk of any inherited medical conditions, and then uses the information when making hiring decisions.

The complaint further speculates that the city uses the information to avoid liability for workplace injuries or deaths caused by genetic conditions.

Under GIPA, the law limits requests for protected genetic information unless it is absolutely necessary. Federal law broadly defines genetic information as the results of an individual’s genetic tests, as well as information regarding “the manifestation of a disease or disorder in family members.

According to the law, a person whose family health history was requested by their employer may file a claim and request damages. To state a claim under GIPA, a plaintiff is not required to prove actual injury from improper practice.