Nestlé Faces Lawsuit Over Alleged Genetic Privacy Violations

Case Overview: A class action lawsuit claims Nestlé violated Illinois privacy laws by requiring job applicants to disclose family medical history.

Consumers Affected: Job applicants in Illinois who were asked to disclose family medical history by Nestlé.

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

Nestlé is facing claims by a former employee that it unlawfully gathered genetic information from job applicants as part of its hiring process. In a new lawsuit, former employee Derrence Winfield alleges that the food and beverage giant required candidates to disclose family medical histories during mandatory pre-employment physical exams—without informing them of their right to refuse.

According to the lawsuit, this practice violates the Illinois Genetic Information Privacy Act (GIPA), which prohibits employers from collecting or using genetic details in hiring decisions. Winfield argues that Nestlé’s actions not only compromised his privacy but also set a precedent that could expose hundreds of Illinois workers to potential genetic discrimination.

Employee Alleges Nestlé Violated Genetic Privacy Laws

Derrence Winfield, who was hired as a forklift driver at a Nestlé facility in Schaumburg, Illinois, in July 2024, says in the proposed class action lawsuit that he was required to undergo a physical exam before starting the job. During the exam, he was asked about his family’s medical history, including whether his relatives had high blood pressure, diabetes, or heart disease.

The lawsuit claims that by soliciting this information, Nestlé effectively forced Winfield—and potentially hundreds of other job seekers—to disclose personal genetic details without consent. The company allegedly failed to inform applicants that they had a legal right to refuse to answer such questions.

Winfield is now seeking damages on behalf of himself and others who may have been similarly affected, arguing that Nestlé’s hiring policies violate Illinois’ strict genetic privacy laws.

Illinois Genetic Information Privacy Act (GIPA) Explained

Illinois enacted GIPA to prevent genetic discrimination and protect workers from being judged based on their DNA. The law prohibits employers from requesting, requiring, or purchasing genetic information—either directly or indirectly—as a condition of employment.

The reasoning behind GIPA is simple: genetic information is uniquely personal and permanent, the lawsuit explains. A person’s DNA can reveal intimate details about their health, potential medical risks, and family background. Without safeguards, companies could use this data to discriminate against applicants, denying them jobs or benefits based on inherited medical conditions.

GIPA ensures that workers have the right to keep their genetic information private and shields them from being unfairly screened based on family medical history.

Other Companies Face Lawsuits Over Privacy and Discrimination

Nestlé isn’t alone in facing legal trouble over alleged violations of genetic privacy laws. Another major employer, Compass Group USA, is also being sued in Illinois for allegedly requiring job applicants to disclose family medical histories without informing them they had the right to refuse. Like Nestlé, Compass Group is accused of violating GIPA by using hiring practices that could enable genetic discrimination.

Beyond employment, privacy concerns are sparking lawsuits in other industries. Photobucket, a popular photo storage site, is facing a class action lawsuit for allegedly repurposing billions of user-uploaded images for artificial intelligence training and biometric data collection—without user consent.

Meanwhile, Walgreens is under legal scrutiny in Massachusetts for allegedly failing to disclose job applicants’ rights regarding lie detector tests, and RTX Corporation (formerly Raytheon) is facing claims of age discrimination for allegedly prioritizing younger workers.

In his lawsuit against Nestle, Winfield wants to represent anyone who was required to undergo a medical examination by Nestle within the last five years as a condition of employment. He is suing for violations of Illinois Genetic Privacy Act, as well as injunctive relief, costs, fees, and interest.

Case Details:

• Lawsuit: Winfield v. Nestle USA, Inc.
• Case Number: 1:25-cv-01494
• Court: Circuit Court of Cook County, Illinois—Chancery Division

Plaintiffs' Attorneys:

• Michael L. Fradin (Fradin Law)
• James L. Simon (Simon Law Co.)

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