The Timken Company Facing Class Action Lawsuit for Alleged Violation of Illinois Genetic Privacy Law

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A proposed class action lawsuit alleges the Timken Company has violated an Illinois privacy law by requesting that prospective and current workers disclose their family medical histories as a condition of employment.

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The 12-page privacy lawsuit claims the manufacturer, which designs and sells engineered bearings and power transmission products, has collected family medical information from hundreds of employees in direct violation of Illinois’ Genetic Information Privacy Act (GIPA). Per the suit, the state law was enacted to protect Illinois residents from having their genetic data—including their family medical histories—used against them in employment settings.

According to the case, the GIPA prohibits employers from directly or indirectly soliciting or using genetic information as a condition of employment.

The Illinois plaintiff, a former Timken worker, says the company required him to undergo an annual physical exam as a part of his continued employment. During each physical, the man was asked questions about the manifestation of diseases in his family members, the complaint relays.

The filing contends that Timken never obtained the plaintiff’s consent to request or acquire the genetic data. Likewise, the company did not inform the man of his right to privacy under the GIPA or notify him that he was not legally obligated to share the sensitive information, the suit charges.

The GIPA lawsuit alleges that Timken’s conduct has violated Illinois residents’ statutorily protected privacy rights.

“Genetic information, including familial medical history, is a uniquely private and sensitive form of personal information,” the complaint 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 Timken lawsuit looks to represent anyone who, during the applicable statute of limitations period, applied for employment with the company in Illinois and from whom it requested or obtained family medical data or other genetic information according to the defendant’s records.

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