Buffalo Wild Wings Sued: Did It Violate Genetic Privacy?

Case Overview: A class action alleges Buffalo Wild Wings and Inspire Brands violated the Illinois Genetic Information Privacy Act (GIPA) by requiring job applicants to disclose family medical histories without informing them of their right to refuse.

Who's Affected: Job applicants in Illinois who were required to disclose family medical history by Buffalo Wild Wings.

Court: Circuit Court of Cook County, Illinois County Department, Chancery Division

Buffalo Wild Wings and its parent company Inspire Brands are facing a new class action lawsuit in Illinois alleging they violated state law by requiring job applicants to disclose genetic information—specifically, family medical history—as a condition of employment. 

The complaint, filed under the Illinois Genetic Information Privacy Act (GIPA), claims the company unlawfully collected highly sensitive data that could open the door to discrimination in hiring.

Under GIPA, employers are barred from requesting or collecting genetic details, including an applicant's family history of diseases or disorders. Despite these protections, the lawsuit alleges Buffalo Wild Wings repeatedly solicited this kind of information from applicants during the hiring process without informing them they had the right to withhold it.

Applicants Claim Forced Disclosure of Family Health Histories

The lawsuit was brought by Illinois residents Duane Morton and Kory Larson, who both applied for jobs at separate Buffalo Wild Wings locations in Lansing and Woodridge in 2020 and 2023. 

As part of the application process, they say they were required to answer questions about their family’s medical background, including whether relatives had suffered from conditions like kidney disease, breast cancer, and high blood pressure.

According to the complaint, both men submitted their family health histories, unaware that they could legally decline to share the information. Neither was told that these questions could be in violation of privacy laws. The suit argues that this practice directly violated their statutory rights and those of other applicants who may have experienced the same screening process.

Illinois Law Protects Workers' Genetic Data

Illinois enacted GIPA to safeguard individuals from the misuse of genetic information, particularly in employment settings where such data could lead to discrimination, the lawsuit explains. Genetic details can reveal predispositions to certain health conditions, which could unfairly influence decisions around hiring, promotions, or insurance.

The plaintiffs claim that Buffalo Wild Wings either knew or should have known about GIPA’s protections—and ignored them. The complaint characterizes the company’s actions as reckless and willful, accusing it of repeatedly collecting prohibited data from job seekers as a standard part of its hiring practices.

Other Big Brands Face Similar Privacy Allegations

Buffalo Wild Wings isn’t alone in facing heat over genetic privacy. Earlier this year, Nestlé was sued by a former employee who said the company required him to disclose family medical history during a mandatory pre-employment physical exam. Compass Group USA is also under legal scrutiny for similar alleged violations involving job applicants in Illinois.

Even beyond the workplace, concerns over sensitive data collection are growing. LifeLong Adoptions, an adoption agency, is now being sued for allegedly sharing users’ private information with tech giants like Google and Facebook without consent. 

The trend suggests that as genetic and digital privacy becomes more important, companies may find themselves increasingly accountable for how they handle personal data.

In their lawsuit against Buffalo Wild Wings, the plaintiffs want to represent anyone who applied for a job at an Illinois franchise and had their family medical history or other genetic information accessed. They are suing for alleged violations of GIPA and are seeking injunctive relief, damages, fees, costs and interest.

Case Details

• Lawsuit: Morton, et al. v. Buffalo Wild Wings, Inc. and Inspire Brands, Inc.
• Case Number: 025CH05008
• Court: In the Circuit Court of Cook County, Illinois County Department, Chancery Division

Plaintiffs' Attorneys

• Seth McCormick and Rob Harrer (Harrer Law, P.С.)
• Glenn A. Danas and Michael A. Boelter (Clarkson Law Firm)

Have you applied for a job at Buffalo Wild Wings? Were you asked about your family's medical history? Share your experience below.