Our Take
Amazon denied collecting genetic data, yet settled anyway—a signal that Illinois's genetic privacy statute has teeth and employer health forms need immediate audit.
Why it matters
Illinois's Genetic Information Privacy Act (GIPA) ranks among the strictest state-level bodily-data laws in the US. Other major employers operating there face similar exposure if their hiring forms solicit family medical history without explicit exemptions.
Do this week
HR leads: audit your pre-employment medical forms by end of week to confirm they do not request or require family health histories, and instruct applicants to omit such data if prompted.
Amazon Settles Class-Action Over Genetic Data Collection
Amazon has agreed to settle a class-action lawsuit filed in Cook County Circuit Court and later moved to federal district court. Three plaintiffs alleged in 2023 that Amazon required them to disclose family medical histories during mandatory pre-employment physical examinations at Illinois fulfillment centers between 2021 and 2022. The class expanded to include anyone who applied for or worked at an Amazon facility in Illinois over the five years before the lawsuit and provided genetic information during hiring.
The plaintiffs contended that Amazon never instructed them to withhold sensitive medical details and argued the company collected the data to mitigate future warehouse liability by screening out applicants with inherited genetic conditions such as diabetes, hypertension, or heart disease. Amazon denied the allegations entirely, stating in legal filings that it does not collect genetic information or family medical histories from hourly operations employees. The financial terms of the settlement remain confidential.
Illinois Genetic Privacy Law Carries Real Teeth
Illinois's Genetic Information Privacy Act (GIPA) prohibits employers from soliciting, requesting, or requiring genetic testing information or family medical history as a condition of employment. The state also enforces strict biometric privacy rules; companies including Walmart and Topgolf have faced legal scrutiny under the Illinois Biometric Information Privacy Act.
On the federal level, the Genetic Information Nondiscrimination Act bars employers from discriminating based on genetic makeup. However, state-level enforcement in Illinois is more aggressive. The settlement—despite Amazon's denial of the underlying claim—signals that employers cannot rely on a casual posture toward applicant medical forms. Legal experts routinely advise companies to audit health-history questionnaires and explicitly instruct applicants to exclude family medical data. Failure to do so can trigger reputational damage and costly settlements.
Audit Your Health Forms Now
If your company operates in Illinois or collects any health data during hiring, review your medical forms, background-check questionnaires, and occupational health screening documents this week. Ensure they do not request or require applicants to disclose family medical history, genetic testing results, or hereditary condition information. If your forms do solicit such data, add explicit language instructing candidates to omit it. Document this guidance in writing and train hiring staff to reinforce it verbally. Consider extending this audit to other high-enforcement states (California, New York) and federalize it as a baseline: treat family medical history as off-limits unless your legal team has issued a written exception tied to a specific, documented job-safety requirement. The cost of an audit is negligible compared to a settlement.