Frequently Asked Questions

BASIC INFORMATION

1. Who’s part of the Settlement?

In a class action, the Plaintiff brings a lawsuit on behalf of other people who have similar claims. These people are collectively called “Class Members” or a “Class.” In this case, the Court has preliminarily certified a Class for purposes of the settlement of this case. That Class is defined to include the following people:

The U.S. District Court for the Northern District of Illinois (Judge Jeffrey I. Cummings) has conditionally certified the Settlement Class for the purpose of facilitating a settlement.

The Settlement Class excludes the Court and staff to whom the lawsuit is assigned, and any immediate family members of the Court or its staff; and any persons who elected to exclude themselves pursuant to and in compliance with the Settlement Agreement.

If you are not sure whether you are in the Settlement Class, or have any other questions about the Settlement, contact the lawyers appointed to represent the Settlement class at the contact information set forth in FAQ 5 below.

2. What is this lawsuit about?

Having recognized the uniquely private and sensitive nature of individuals’ and their family members’ genetic information, Illinois enacted the Genetic Information Privacy Act (“GIPA”) to protect the confidentiality of that information. In particular, the Illinois legislature recognized that there is a risk of harmful discrimination and other abuses when genetic information, including the manifestation of diseases in family members, comes into the hands of employers. Accordingly, GIPA imposes limits on employers’ ability to obtain and use such information by forbidding them to directly or indirectly solicit, request, require or purchase genetic information of a person or a family member of the person as a condition of employment or preemployment application. 410 ILCS 513/25(c)(1). This lawsuit alleges that Defendant violated GIPA by allegedly requesting and/or requiring genetic information, namely, family medical history, during its mandatory medical exams conducted as a condition of employment.

Befesa contests these claims and denies that it violated GIPA, and further maintains that its medical or physical examination process was and is consistent with applicable federal laws and/or regulations. By agreeing to settle, Befesa is not admitting liability on any of the factual allegations or claims in the case or that the case can or should proceed as a class action. The Parties have negotiated and entered into the proposed Settlement to avoid the risk, uncertain outcome, expense, and distraction of continued litigation.

Neither the Court nor a jury have considered or decided the merits of the allegations in the lawsuit. And, by approving the Settlement and issuing the Notice, the Court is not suggesting which side would win or lose this case if it went to trial.

3. Who represents me?

In a class action, one or more people called “Class Representatives” sue on behalf of other people who have the same or similar claims. In this case, the Plaintiff, Alex Koziol, sued Befesa and sought to represent other job applicants who also underwent medical or physical examinations. The Court has appointed the Plaintiff for settlement purposes to be the Class Representative for all Settlement Class Members in the case.

The Court has also appointed attorneys from the law firm McGuire Law, P.C. as Class Counsel for settlement purposes only to represent the Settlement Class members. Their contact information is contained in FAQ 5 below. If you want to be represented by your own lawyer, you may hire one at your own expense.

4. What benefits can I receive from the Settlement?

Without admitting any wrongdoing, Befesa has agreed to establish a fund of $244,800.00. If the Court approves the Settlement, all the Class Members who do not exclude themselves will automatically receive an will receive an equal share of the Settlement Fund after deductions for the costs of notice and administration, Class Counsel’s attorneys’ fees and litigation expenses, and a Service Award for the Class Representative. The exact amount of each Class Member’s payment is unknown at this time, but the per-person payment is estimated close to $1,000.

If you are a Class Member, you do not need to do anything to receive a payment. If the Court grants final approval to the Settlement, a settlement payment check will automatically be mailed to you. Claims will only be paid after the Court grants final approval of the Settlement and after any appeals are resolved. If there are appeals, resolving them can take time. Please be patient.

5. Do I have to hire a lawyer to represent me?

No. The Court has appointed attorneys from McGuire Law P.C. in Chicago, Illinois, for settlement purposes only, to serve as Class Counsel to represent the members of the Settlement Class. If you want to be represented by a different lawyer, you may hire one at your own expense.

To date, Class Counsel have not received any payment for their services in litigating the case on behalf of the Class Representatives and the Settlement Class, nor have Class Counsel been reimbursed for their costs and expenses directly relating to their representation of the Settlement Class. Prior to final approval of the Settlement, Class Counsel will ask the court for an award of attorneys’ fees and litigation expenses for investigating the facts, litigating the case, and negotiating the Settlement. This award is subject to court approval and can be up to 35% of the settlement fund, or $85,680.00, plus reimbursable costs and litigation expenses.

Class Counsel’s contact information is as follows:

Evan M. Meyers
Paul T. Geske
Andrew T. Heldut
Colin P. Buscarini
MCGUIRE LAW, P.C.
55 West Wacker Drive, 9th Fl.
Chicago, Illinois 60601
Tel: (312) 893-7002
emeyers@mcgpc.com
pgeske@mcgpc.com
aheldut@mcgpc.com
cbuscarini@mcgpc.com

Class Counsel may also request that a Service Award of up to $5,000 be awarded to the Class Representative in recognition of their service to the Settlement Class. The amount of any fee or service award will be subject to approval by the court.

6. What am I agreeing to by remaining in the Settlement Class in this case?

If you are a member of the Settlement Class, and you choose to remain in the Settlement Class (i.e. you do not exclude yourself), then you will automatically receive a payment from the $244,800.00 settlement fund as described. Settlement Class Members will also be bound by the release of claims in the Settlement. This means that if the Settlement is finally approved, Settlement Class Members cannot sue, continue to sue, or be part of any lawsuit against Befesa for claims made in the lawsuit that led to the Settlement, including claims under GIPA.

The released claims include all claims that were or could have been asserted in the Litigation, regardless of whether those claims are known or unknown, filed or unfiled, asserted or as yet unasserted, existing or contingent. A more detailed description of the claims that Class Members will be releasing is set forth in the Settlement Agreement, which is available here.

For details about what claims are being released, please see the detailed Long Form Notice or the Settlement Agreement on this website.

7. What if I don’t agree with the Settlement?

If you are a member of the Settlement Class, and have not excluded yourself from the Settlement, you may object to the Settlement or any part of the Settlement if you think there are legal reasons why the Court should reject it. If you object, the Court will consider your views. To object, you must file your objection with the Court and serve a copy to the Settlement Administrator and the lawyers for both the Settlement Class and the Defendant. Your objection must clearly state the following information:

1. The case name and case number of this Litigation (Koziol v. Befesa Zinc US Inc., No. 1:24-cv- 01310 (N.D. Ill.)).


2. Your full name, current address, email address and phone number;


3. The reasons why you object to the Settlement along with any supporting materials;


4. Information about all other objections you or your lawyer(s) have made in other class action cases in state or federal courts within the past four (4) years, including the name of the case, case number, the court in which the objection was filed, and the outcome of the objection; and


5. Your signature.

Your objection must be filed and postmarked no later than March 17, 2025. Objections must be mailed to:

8. Can I exclude myself from the Settlement Class?

If you do not want a payment and do not want to be legally bound by the terms of the Settlement, you must exclude yourself from the Settlement. If you do so, you will not be eligible to receive any payment as a result of this Settlement. However, you will retain the right to sue or continue to sue Befesa on your own and at your own expense if you wish to pursue any of the claims being released as part of this Settlement.

To exclude yourself from the Settlement Class, you must submit a timely and valid request for exclusion to the Settlement Administrator in writing. To be valid, the request must include:

1. The case name and case number of this Litigation (Koziol v. Befesa Zinc US Inc., No. 1:24-cv- 01310 (N.D. Ill.)).


2. Your full name, current mailing address, email address, and phone number;


3. A statement that you wish to exclude yourself from the Settlement Class; and


4. Your signature.

To be considered timely, you must submit your fully completed exclusion request to the following address postmarked no later than March 17, 2025.

Koziol v. Befesa Zinc US Inc.
P.O. Box 25226
Santa Ana, CA 92799

REQUESTS FOR EXCLUSION FROM THE CLASS THAT ARE NOT POSTMARKED ON OR BEFORE MARCH 17, 2025, WILL NOT BE HONORED.

You cannot exclude yourself from the Settlement Class by telephone, email, or on this Settlement Website. You cannot exclude yourself by mailing a request to any other location or after the deadline above. Your request for exclusion must be signed by you, and you cannot request exclusion on behalf of others.

9. What is the difference between objecting and asking to be excluded?

Objecting is telling the Court the legal reasons why you do not like something about the Settlement. You can object to the Settlement only if you are a Settlement Class Member and you do not exclude yourself.

Excluding yourself is telling the court that you do not want to be part of the Settlement. If you exclude yourself, you cannot object to the Settlement because it no longer affects you.

10. What if I do nothing at all?

If you are a Settlement Class Member and do nothing in response to the Notice, you will remain a member of the Settlement Class and release your claims against the Defendant. A payment will automatically be mailed to your last known address.

11. When will the Court finally rule on the Settlement?

The Court will hold a final approval hearing to decide whether to grant final approval to the Settlement and any requests for fees, expenses, and an Incentive Award. The final approval hearing is currently set for April 16, 2025, at 11:00 a.m., in Courtroom 1219 of the United States District Court for the Northern District of Illinois, Dirksen Federal Building, 219 S. Dearborn Street Chicago, IL 60604. The hearing may be moved to a different date or time without additional notice, so you should check the Important Dates page and the Court’s docket for updates.

At the final approval hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will also consider the request by Class Counsel for attorneys’ fees and expenses and for the Class Representative’s service award. If there are any objections, the Court will consider them at the final approval hearing as well. After the hearing, the Court will decide whether to finally approve the settlement. We do not know how long that decision may take.

You may attend the hearing, at your own expense, but you do not have to do so. If you wish to ask the Court for permission to speak at the hearing, you must send a “Notice of Intent to Appear” letter to the Court and to Settlement Class Counsel and Defendant’s Counsel saying that you intend to appear and wish to be heard. Your Notice of Intent to Appear must include the following:

1. The case name and case number of this litigation (Koziol v. Befesa Zinc US Inc., No. 1:24-cv- 01310 (N.D. Ill.)).


2. Your full name, current address, email address, and phone number;


3. A statement that this is your “Notice of Intent to Appear” at the final approval hearing in this case;


4. Copies of any papers, exhibits, or other evidence or information that you will present to the Court;


5. The reasons you want to be heard; and


6. Your signature.

You must send copies of your Notice of Intent to Appear, postmarked by March 17, 2025, to:

Note: You cannot object or speak at the hearing if you exclude yourself from the Settlement.

12. Where can I get more information?

For more information, visit Important Documents or contact Class Counsel using the contact information set forth in FAQ5 above.

NOTE: PLEASE DO NOT CALL OR WRITE THE COURT OR THE COURT CLERK’S OFFICE. THEY WILL NOT BE ABLE TO ASSIST YOU.