EDWARDSVILLE - A nursing and rehabilitation center is the latest company to face a potential class action over claims of violations of the Illinois Biometric Privacy Act.
Stearns Nursing and Rehabilitation Center in Granite City is accused of unlawfully taking the fingerprints of workers by not abiding by the provisions of the Illinois Biometric Privacy Act (BIPA).
Plaintiff Latisha Hyster is seeking class action certification on behalf of all employed by the center over the statutory period. Their fingerprints were collected when they clocked in and clocked out.
According to the suit, the company required employees to take the "invasive and coercive" step of requiring employees to be scanned.
However, the plaintiff claims the company did not inform her in writing that an identifier was being obtained, did not receive a written release, and did not publicly disclose why and for how long the information would be retained, according to the suit. These are allegedly all violations of BIPA.
The proposed class actions was filed also to stop the defendant's "unlawful collection, use, storage, and disclosure" of the biometric information, which was done "potentially" with the help of a third party vendor.
According to the complaint, the plaintiff began and ended her work day with the requirement to clock in and out using a time block activated, at least in part, by the fingerprint.
These actions "exposed defendant's employees, including plaintiff, to serious and irreversible harm," the complaint states.
The proposed class action is seeking $1,000 for each negligent violation of the act, and $5,000 for every intentional reckless action. The suit estimates more than 40 people will be covered by the class action.
Brandon M. Wise, of Peiffer Wolf Carr & Kane in St. Louis, is seeking to represent the class in this action.
Madison County Circuit Court case number 2020-L-0386