The Illinois Genetic Information Privacy Act of 1998 410 ILCS 513/25(c)(1) (GIPA) prohibits inquiries into a person’s family medical history and obtaining genetic information. Like the federal Genetic Information Non-Discrimination Act of 2008 (GINA) that regulates the collection of genetic information, both allow private lawsuits, including class actions, to prevent and punish violations. The predicted wave of class actions against employers, potential employers and insurance carriers that request or obtain such information appears to be growing.

Before you ask, be sure you can and if you do, be sure you comply.

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This Bulletin is designed to provide our friends and clients with information regarding the various subject matters covered, it is not designed to take place of legal, accounting, or other professional advice.  If expert assistance is required, the services of a competent professional should be sought. This memorandum may constitute advertising under the rules regulating Illinois attorneys.