Sorry, your chromosomes don’t match our company culture

By now, many employers in Illinois and elsewhere have heard of the Illinois Biometric Information Privacy Act (BIPA), a statute regulating the collection and disclosure of biometric data such as fingerprints and face geometry that has resulted in significant exposure for Illinois employers. In the past year, another statute mirroring certain aspects of BIPA has caught the attention of employees’ attorneys: the Illinois Genetic Information Privacy Act (GIPA). Businesses with employees in Illinois should take note of the GIPA to minimize their exposure under the statute—a point underscored by a recent decision involving the GIPA.

Background

The GIPA regulates, among other things, the collection and use of “genetic information” by employers and other entities. Under the Act, “genetic information” means information regarding an individual’s genetic tests, their family members’ genetic tests, and the manifestation of a disease or disorder in their family members.

For employers in particular, the Act bars any “employer, employment agency, labor organization, and licensing agency” from “directly or indirectly” doing any of the following: