MV Transportation Inc. must face a proposed class action alleging it unlawfully collected the family medical histories of job applicants, after a judge said the Illinois state claims aren’t pre-empted by federal transportation regulations.
Lead plaintiff Kevin Short’s state Genetic Information Privacy Act claims weren’t pre-empted by federal Department of Transportation regulations related to the physical condition of drivers, Judge Manish S. Shah of the US District Court for the Northern District of Illinois said Monday.
The DOT regulations didn’t require employers to ask about protected genetic information during pre-employment physical examinations, or to require prospective drivers to report such ...
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