Nestle Facing Class Action Lawsuit for Alleged Violation of Illinois Genetic Privacy Law

New to ClassAction.org? Read our Newswire Disclaimer

A proposed class action lawsuit alleges Nestle USA, Inc. has violated an Illinois privacy law by requiring job applicants to disclose their family medical histories as a condition of employment.

Get the latest open class action lawsuits sent to your inbox. Sign up for ClassAction.org’s free weekly newsletter.

The 12-page Nestle lawsuit claims the company has collected family medical data from hundreds of prospective employees in direct violation of Illinois’ Genetic Information Privacy Act (GIPA). The state law aims to protect Illinois residents from having their genetic information used against them in employment contexts, the class action suit explains.

Per the case, the GIPA precludes employers from directly or indirectly soliciting or using genetic data as a condition of employment or during the application process.

The plaintiff, a Nestle forklift driver residing in Illinois, says the company required him to undergo physical examinations as part of the hiring process. During the exams, the man was asked questions about his family medical history, including whether his family had a history of high blood pressure, diabetes, heart disease and other conditions, the complaint states.

Nestle never sought nor obtained the plaintiff’s consent to request or collect this genetic information, the filing asserts. Moreover, the company did not notify the employee of his right to privacy under the GIPA or inform him that he was not legally required to divulge the sensitive data, the suit contends.

By requesting that prospective employees disclose their family medical histories, Nestle has violated applicants’ GIPA-protected privacy rights, the case charges.

The lawsuit looks to represent anyone who applied for employment with Nestle USA, Inc. in Illinois and was required to undergo a medical examination at any point within the past five years.

Did you know that some class action settlements require no proof to submit a claim? Check out the latest open class action settlements.