Abbott Laboratories is facing a proposed class action lawsuit alleging the pharmaceutical company violated Illinois genetic privacy law by requesting family medical history information during employee onboarding. Former worker Quentin Nixon-Cobb filed the lawsuit in Illinois federal court, claiming Abbott asked for his family’s medical information while he was being hired for a COVID-19 test kit assembly position.
The lawsuit brings claims under the Illinois Genetic Information Privacy Act, which prohibits employers from soliciting genetic information as a condition of employment or on job applications. Nixon-Cobb argues that Abbott “intentionally and/or recklessly captured, collected and/or retained plaintiff’s genetic information in the form of his family medical history in violation of Illinois law.”
Onboarding Process Violations
According to the complaint, Nixon-Cobb applied for and was hired by Abbott on two separate occasions for assembly work. During each onboarding period, he was required to complete paperwork asking whether any family members had a history of diabetes, among other family medical history questions.
Nixon-Cobb claims he disclosed his family’s health details because he believed he would not be allowed to work if he didn’t complete the paperwork in full. The lawsuit alleges Abbott requested this information to avoid risk or liability for workplace injuries or deaths caused by genetic conditions “including but not limited to hypertension, cancer, heart conditions, diabetes and stroke.”
Risk Management Strategy
The complaint suggests Abbott believes these conditions could be inherited and potentially exacerbated by workplace conditions, especially in high-stress or physically demanding environments. The lawsuit argues Abbott’s alleged violations stem from directly or indirectly soliciting genetic details and failing to instruct Nixon-Cobb not to provide such information when answering onboarding questions.
The proposed class seeks to represent anyone who applied to or was hired by Abbott in the last five years and was asked to provide family health history information. According to the lawsuit, Abbott employs over 1,000 people in Illinois.
Siri & Glimstad LLP attorneys Kent M. Williams and William M. Sweetnam represent Nixon-Cobb alongside Edward A. Wallace and Mark R. Miller of Wallace Miller. The complaint states that Abbott “was or should have been aware of its obligations under GIPA” but nevertheless violated the law.
The case is Nixon-Cobb v. Abbott Laboratories in the U.S. District Court for the Northern District of Illinois.