CHICAGO – An Illinois man has filed a class action lawsuit against Univar Solutions, claiming that the company violated Illinois biometrics privacy law by requiring workers to use a fingerprint reader system to clock in and out of work.
Plaintiff Sergio Reyes filed a class action lawsuit in Cook County Circuit Court against Univar Solutions, alleging violations of the Illinois Biometric Privacy Act (BIPA).
According to the complaint, Reyes was hired by Univar Solutions to work as a material handler and worked from February 2022 through June 2023 at the company's commercial warehouse in Bedford Park. Reyes claims that during his employment, Univar utilized a biometric time clock system that required employees to scan their fingerprints for timekeeping purposes.
The complaint states that BIPA requires that prior to collecting biometric data, including fingerprints, companies inform employees in writing that their biometric data will be collected and stored. It also states that employees must be informed in writing of the specific purpose for which the biometric data is being collected and for how long it will be stored. Additionally, BIPA requires that companies receive a written release from the employee for the collection of their biometric data and prohibits entities from disclosing a person’s biometric information without first obtaining consent for that disclosure.
According to Reyes, Univar violated BIPA by failing to develop and release a publicly available retention schedule with guidelines for permanently destroying the biometric data; failing to obtain written releases from employees notifying them that their biometric data was being collected, and specifically, why and for how long their biometric data would be stored; and failing to obtain employee's informed consent before disclosing their biometrics to third parties. Reyes argues that Univar's actions expose employees to potential significant privacy risks, including identity theft and unauthorized tracking.
Reyes seeks certification of his class action lawsuit to represent individuals whose fingerprints were scanned into Univar's timekeeping system. He is seeking damages of $1,000–$5,000 per alleged violation for himself and everyone in his class action lawsuit, plus interest, attorney's fees, court costs and any other relief the court deems proper.
The payout in this case could quickly multiply. The Illinois Supreme Court has interpreted the BIPA law to allow plaintiffs to demand damages for each time an employee may be required to scan their fingerprints at work, without limit, going back over the preceding five years. Depending on the number of workers included in the lawsuit, potential damages could quickly climb into the many millions of dollars.
The plaintiff is represented by attorneys Ryan F. Stephan, Anna M. Ceragioli, and Justin M. Caparco, of Stephan Zouras LLP in Chicago.