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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