The Illinois Supreme Court has ruled that unionized workers are barred from suing their employers for violating the state’s biometric privacy law under U.S. labor law. The ruling stems from a case brought by campus security workers at Roosevelt University in Chicago, who claimed that the university used their fingerprints for timekeeping without their consent. The court held that the workers must bring their claims in union arbitration rather than court.
The Illinois Biometric Information Privacy Act (BIPA) requires companies to obtain permission before collecting fingerprints, retinal scans, and other biometric information from workers and consumers. The law imposes penalties of up to $5,000 per violation, which can add up quickly in class action lawsuits.
The BIPA, adopted in 2008, is the only law in the U.S. that grants workers and consumers a right to sue over the mishandling of biometric information. The law has been the subject of many lawsuits in recent years, with companies facing significant penalties for failing to obtain the necessary consent.
The ruling has significant implications for employees’ privacy rights and the enforceability of union contracts. The university was backed by the U.S. Chamber of Commerce, the most prominent American business lobby, and groups representing the retail and restaurant industries. These groups argued that a ruling against Roosevelt would create uncertainty over the enforceability of union contracts and hobble employers’ ability to negotiate agreements with unions.
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The state Supreme Court’s decision aligns with a Chicago-based federal appeals court, which came to the same conclusion in a pair of cases decided in 2019. The federal court also found that federal labor law preempts workers’ right to sue under the BIPA when a collective bargaining agreement covers them.
However, the ruling is not likely to significantly decrease the number of lawsuits alleging violations of BIPA, as only about 6% of private-sector U.S. workers are union members. However, the decision has important implications for workers covered by union contracts, who will now need to bring their claims in arbitration rather than court.
The BIPA has proven to be a powerful tool for protecting employees’ privacy rights. The Illinois Supreme Court’s ruling is a setback for those seeking to hold companies accountable for law violations. However, it is worth noting that the ruling does not invalidate the BIPA or prevent non-unionized workers from suing under the law.
The ruling highlights the ongoing tension between privacy rights and labor law, with employers and business groups arguing that privacy laws can interfere with their ability to negotiate union agreements. Whether other states will follow Illinois’ lead in enacting biometric privacy laws remains to be seen whether similar conflicts will arise in those jurisdictions.
Overall, the ruling is a reminder of the importance of protecting employees’ privacy rights, mainly as companies increasingly rely on biometric data to track and manage their workforces. As biometric technology becomes more widespread, companies must obtain the necessary consent and take appropriate measures to safeguard the sensitive data they collect.
