Case Overview: A class action lawsuit alleges Abbott Laboratories violated Illinois' Genetic Information Privacy Act (GIPA) by requiring prospective employees to disclose their family medical history during the hiring process.
Consumers Affected: U.S. individuals who applied for employment with Abbott Laboratories within the last five years and were asked for genetic information.
Court: U.S. District Court for the Northern District of Illinois, Eastern Division
Pharmaceutical giant Abbott Laboratories is facing a proposed class action lawsuit in Illinois accusing the company of violating the state's Genetic Information Privacy Act (GIPA) by asking prospective employees to disclose their family medical history during the hiring process.
The lawsuit claims Abbott systematically requested genetic details, including whether applicants’ relatives had diabetes or other conditions, as a condition of employment, a practice that is explicitly prohibited under GIPA.
The law bars employers from directly or indirectly soliciting genetic information or using it to inform hiring, work assignments, or employment decisions.
Illinois resident Quentin Nixon-Cobb, who filed the lawsuit, alleges he was asked to fill out a form requesting family medical history, such as relatives’ histories of diabetes, during onboarding for an assembly job at Abbott’s COVID-19 test kit facilities in 2020 and again in 2022.
Both times, Nixon-Cobb says he was led to believe completing the form was mandatory and a requirement to begin work.
He claims he received no guidance that the document was optional or that the company would not consider the information in employment decisions. As a result, he disclosed protected health information about his family on both occasions, believing his job depended on it.
Illinois’ GIPA, first passed in 1998 and strengthened in 2008, was designed to protect individuals from discrimination based on their genetic information. The law prohibits employers from requesting, requiring, or using genetic data, including family medical histories, as a condition of employment or for use in any job-related decision-making.
The complaint suggests Abbott collected this information to assess perceived risks of workplace injury or health complications among applicants, especially in physically demanding roles. The plaintiff argues the company knowingly violated GIPA by collecting and retaining this data without proper consent or legal justification.
Abbott isn’t the only major employer accused of overstepping when it comes to genetic privacy. Buffalo Wild Wings and Inspire Brands allegedly violated GIPA by requiring job applicants to disclose family medical histories without informing them of their right to refuse.
Nestlé is also facing a lawsuit over allegations it required an employee to share family medical history during a pre-employment physical. Compass Group USA is under similar legal fire for alleged GIPA violations involving job applicants.
The spotlight on employee data handling isn’t limited to genetics. An Illinois adoption agency, LifeLong Adoptions, is being sued for allegedly sharing users’ private information with third-party tech companies like Facebook and Google, without obtaining user consent.
In his lawsuit, Nixon-Cobb wants to represent anyone who applied for employment with Abbott Laboratories within the last five years and was asked for genetic information.
He is suing for violations of Illinois Genetic Information Privacy Act and seeking damages of $15,000 for each willful violation of GIPA and $2,500 for each negligent violation of GIPA, enjoinment, fees, costs, and interest.
Case Details
Plaintiffs' Attorneys
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