Genetic‑info privacy risk for employers

Illinois employers can still face legal risk when a third-party nurse or clinic asks workers for family medical history during a job-related exam. The warning comes from a March 31 legal analysis of a federal court decision in *Daniel Henry v. AbbVie, Inc.* (jdsupra.com) The Illinois Genetic Information Privacy Act has barred employers from requesting or requiring genetic information in employment decisions since 1998. The law covers employers across the state and was written to address fears that genetic test results could be disclosed or used in discriminatory ways. (law.justia.com) Under federal law, “genetic information” includes family medical history, not just DNA test results. The United States Equal Employment Opportunity Commission says employers generally cannot request, require, or buy that information for hiring or other job decisions. (eeoc.gov) In the AbbVie case, Daniel Henry alleged that a nurse asked about family histories of cancer, hepatitis, and heart disease during a pre-employment exam. He had applied through a staffing agency, and the company used outside medical providers to conduct post-offer exams before some workers started the job. (jdsupra.com) The court rejected the idea that outsourcing the exam automatically shields an employer from responsibility. The analysis says the court found employers must take “affirmative steps” to make sure their agents, including health care providers, do not solicit genetic information from applicants or employees. (jdsupra.com) The court also found AbbVie’s warning not to provide genetic information was not enough on its own because it was disconnected from the nurse interview. But the employer still won summary judgment because Henry’s refusal to answer had no effect on his employment, according to the analysis. (jdsupra.com) That distinction matters in Illinois because the statute allows private lawsuits and steep damages. A 2024 employer-side analysis said the law provides the greater of actual damages or $2,500 for negligent violations and $15,000 for willful violations. (lexology.com) The litigation wave is relatively new. Covington & Burling wrote in May 2024 that, after years with few cases, plaintiffs had begun filing dozens of suits accusing employers of collecting family medical history during pre-employment physicals. (lexology.com) The practical issue is simple: a family-history question can count as genetic data even if no lab test is involved. That means an intake form, a nurse’s script, or a vendor’s standard questionnaire can create exposure if it asks about inherited conditions in a hiring or workplace medical setting. (eeoc.gov) (law.justia.com) For employers, the Illinois case did not erase the risk; it narrowed one path to liability on these facts. The message from the ruling and the follow-on legal guidance is that companies using outside exam providers need tighter controls before the next lawsuit tests the statute again. (jdsupra.com) (lexology.com)