Topgolf Settles Biometric Privacy Lawsuit
Walmart hit with class action under Illinois' biometrics privacy law
Biometric information privacy continues to be a risky area for employers—especially in Illinois.
The state's Biometric Information Privacy Act (BIPA), passed in 2008, sets forth a number of rules about collecting, retaining and disclosing biometric identifiers and biometric information.
The law most commonly comes up in the employment context when employers require workers to clock in and clock out using hand or fingerprint scans, but facial recognition and thermal imaging software and other technologies also may be implicated.
We've rounded up articles and resources from SHRM Online and other outlets on the news.
Topgolf Settles
On June 22, the U.S. District Court for the Northern District of Illinois approved a settlement agreement between entertainment company Topgolf and a class of former employees who claimed the company collected and disclosed their biometric data through a finger-scan timekeeping system in violation of BIPA. Topgolf denied the claims but agreed to a $2.6 million settlement with 2,600 plaintiffs.
The lawsuit against Topgolf alleged that the company failed to secure written consent from its workers before requiring them to scan their fingerprints to prove their identity when punching time clocks at the beginning and end of each work shift.
Walmart in the Dock
Earlier this month, a former Walmart fulfillment center employee filed a class-action suit alleging that the retailer violated state law by requiring employees to use voice recognition software to track their work.
Biometric Class Actions in Illinois on the Rise
Hundreds of class-action lawsuits have been brought in recent years against employers for violations of BIPA, the strictest biometric law in the nation. Litigation invoking the law has grown consistently since 2016, attorneys said.
Use of Biometric Authentication at Work Grows
Biometric authentication technology—including facial and voice recognition, and hand and iris scans—is now used in many workplaces for various security and business purposes such as employee access, according to a recent survey.
Minimize Litigation Risks When Using Biometric Data
Employers can implement several best practices to minimize the risk of becoming embroiled in litigation stemming from the use of workers' biometric data.
States Ban Employers from Microchipping Workers
Eleven states prohibit employers from requiring job seekers or employees to have devices such as microchips or radio frequency identification device tags implanted into their bodies as a condition of employment.
An organization run by AI is not a futuristic concept. Such technology is already a part of many workplaces and will continue to shape the labor market and HR. Here's how employers and employees can successfully manage generative AI and other AI-powered systems.
Related Content
HR must always include human intelligence and oversight of AI in decision-making in hiring and firing, a legal expert said at SHRM24. She added that HR can ensure compliance by meeting the strictest AI standards, which will be in Colorado’s upcoming AI law.
The proliferation of artificial intelligence in the workplace, and the ensuing expected increase in productivity and efficiency, could help usher in the four-day workweek, some experts predict.
Learn how Marsh McLennan successfully boosts staff well-being with digital tools, improving productivity and work satisfaction for more than 20,000 employees.