A federal district court in Northern Illinois recently issued a ruling regarding the Illinois Genetic Information Privacy Act. The case involves a job applicant who filed a class action lawsuit against WestRock. The plaintiff alleges that the company violated genetic privacy rights by asking questions about medical history during the pre-employment process.
WestRock sought to dismiss the claim, arguing that the Labor Management Relations Act preempts the state law claims. The court denied the motion to dismiss. The presiding judge found that it is currently premature to determine whether federal preemption applies to this specific state law claim at this stage of the litigation.
Additionally, the court noted that WestRock’s argument regarding a collective bargaining constitutional defense was not sufficiently developed for the court to reach a decision. The lawsuit will move forward as the legal arguments are clarified through further proceedings.
This decision highlights the ongoing tension between state-level privacy protections and federal labor laws in the workplace. Companies operating in Illinois must remain aware of how state privacy statutes interact with federal regulations during the hiring process. We will continue to monitor the progress of this litigation as it moves toward discovery and potential trial phases.