Labor & Employment Law Update

The Illinois’ Genetic Information Privacy Act (“GIPA”) has been Illinois law for over twenty years. Yet, only in the last year or two has there been an explosion of lawsuits being filed against companies in various industries, all alleging violations of the statute. 

Proactive employers are well-versed in safeguarding against workplace discrimination based on race, gender, religion, age, or disability. But, what about lesser known forms of prohibited workplace discrimination like genetic information discrimination? The Federal Genetic Information Nondiscrimination Act (GINA) and its Illinois counterpart, Genetic Information Protection Act (GIPA), both prohibit employers from disclosing genetic information or basing any employment decision on an employee’s genetic information. Both statutes contain private rights of action for violations. GIPA, however, contains a statutory damages provision that provides for penalties of $2,500 for each negligent violation, and $15,000 for each intentional or reckless violation. With these severe consequences for non-compliance in mind, we answer some questions on these statutes.