by Tom Stilp JD, MBA/MM, LLM, MSC, DBA, March 21st, 2025
Joel Chupack warns of dire consequences under The Genetic Information Privacy Act (GIPA) for Illinois businesses. The GIPA became law in Illinois almost 30 years ago, but has not seen many cases. That is quickly changing. GIPA imposes huge liability on Illinois business, for even the most innocent actions.
GIPA applies to the use and disclosure of genetic information. Family medical history is considered genetic information under the GIPA. Thus, questions about family medical history involving cardiac health, cancer, diabetes or other conditions could be a violation of GIPA.
If questions are asked in an employment application concerning insurance, the employer violates GIPA. If questions are asked by the insurance company, the employer violates GIPA. Even if a 3rd-party medical provider asks questions about family history during a medical exam, the employer violates GIPA. If an employee is asked verbally about family medical conditions, it makes no difference, there is a violation of GIPA. What if the employer does not “use” the information? It is still a violation of GIPA.
There is a safe-harbor for employers if they warn an employee not to provide information in a medical evaluation, such as: “To comply with GIPA, we are asking that you not provide any genetic information or information about family history when responding to a request for medical information.” The problem is that if the employee is warned in the morning, then submits to another test in the afternoon, there is a GIPA violation for the employer. The employer must repeat the warning when there is another test or when medical records are requested following a physical examination.
GIPA has an automatic penalty against Illinois businesses of up to $15,000 per violation, plus attorneys’ fees. Under the Biometric Information Privacy Act, companies like White Castle Hamburgers were facing $17 billion in liability when class actions were filed. Judge Chupack thinks GIPA will have a similar effect against Illinois businesses.
Experienced Counsel will know how to minimize risk and provide for the best possible outcome. For over 30 years, the attorneys at Stilp Business Law, PC have helped businesses navigate the laws.
