Roosevelt moved to dismiss the case on the basis that plaintiff's claims were pre-empted by LMRA. Disclosing his biometric data without consent.Collecting his biometric data without providing him with the requisite notice and obtaining his written consent.Failing to develop a written policy made available to the public, establishing a retention policy and guidelines for destroying biometric data.He sued Roosevelt the following year, alleging that the university violated BIPA in connection with Roosevelt's use of the timekeeping system by: Court of Appeals for the Seventh Circuit.Īn employee alleged that when he started working at Roosevelt University in 2018, Roosevelt required him to enroll a scan of his hand geometry onto a biometric timekeeping device as a means of clocking in and out of work. Employers with unionized workforces may now assert a LMRA pre-emption defense in seeking dismissal of BIPA claims based on decisions issued by Illinois's highest state court and the U.S. This ruling, which is consistent with federal court decisions addressing the issue, is a rare win for defendants facing BIPA class actions. Roosevelt University that claims brought under the Biometric Information Privacy Act (BIPA) by union employees are pre-empted by the Labor Management Relations Act (LMRA) where an employer invokes a broad management rights provision in a collective bargaining agreement. In the Illinois Supreme Court's latest ruling in the biometric privacy space, it decided in Walton v.

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