First Student Violated Illinois Privacy Law by Requesting Job Applicants’ Family Medical Histories, Class Action Says

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First Student, Inc. faces a proposed class action lawsuit that claims the school bus services provider illegally requires prospective employees in Illinois to provide their family medical histories as part of its hiring process.

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The 12-page lawsuit accuses First Student of overstepping the Illinois Genetic Information Privacy Act (GIPA), a state law that regulates employers’ use of genetic information to protect job candidates from potential discrimination based on such data.

“Genetic information, including familial medical history, is a uniquely private and sensitive form of personal information,” the case says. “A person cannot change their genome if it becomes compromised, and the genetic information contained therein reveals a trove of intimate information about that person's health, family, and innate characteristics.”

The plaintiff, an Illinois resident, alleges that the company required her to undergo a physical examination after she applied for a job at First Student in October 2019. During the exam, the defendant asked the plaintiff whether her family members had any histories of high blood pressure, diabetes, heart disease and other conditions that could be inherited, the filing contends.

According to the complaint, the GIPA prohibits an employer from directly or indirectly soliciting, requesting or requiring an individual’s genetic information as a condition of employment or preemployment application. The suit argues that First Student violated the plaintiff’s rights under the genetic privacy law by asking about her family medical history in connection with its application process.

Per the filing, First Student has conducted physical exams on hundreds of prospective employees over the past decade, during which it allegedly illegally sought their familial genetic information.

The lawsuit looks to represent anyone who, during the applicable statute of limitations period, applied for employment with First Student in Illinois and from whom the company requested or obtained family medical history or other genetic information, according to its records.

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