Privacy is a hot topic in the legal world right now. From digital privacy like how corporations can track website visitors to physical privacy such as surveillance, the courts are full of cases that discuss how, when, and why people have a right to be unobserved. Even employers are being taken to task for how they monitor the people they hire, such as in the landmark Illinois case McDonald v. Symphony Bronzeville Park, LLC.
The ruling against Bronzeville Park has granted Illinois workers a major victory for their right to privacy. Here’s what you need to know about the case, what it might mean for you, and how to fight back if your employer violates your basic right to privacy.
Understanding the McDonald v. Symphony Bronzeville Park, LLC Case
The McDonald v. Symphony Bronzeville Park, LLCcase was basically a matter of determining whether entities’ or individuals’ rights prevailed in a specific type of privacy dispute. Bronzeville Park implemented a fingerprint-based timekeeping system without the consent of employees. For a worker to clock in for the day and have their working time recorded, they had no option but to submit their biometric data to the company.
That’s why Ms. McDonald, a former employee of Bronzeville Park, filed a putative class-action lawsuit against the company. Under the Illinois Biometric Privacy Act (BIPA), all private entities must obtain written consent from anyone whose biometric data they wish to collect before doing so. Biometric data includes:
- Fingerprints
- Hand or face geometry
- Voiceprints
- Iris and retina scans
- Any other bodily scan that could be used to determine someone’s identity
Under BIPA, employers are specifically included under “private entities.” Employees of a company have the right to deny consent to biometric data scans.
Bronzeville Park’s legal strategy was not to deny that element of BIPA. Instead, the company invoked the Illinois Workers’ Compensation Act (ICWA). Under ICWA, employers are granted the ability to provide an “exclusive remedy” to compensate workers for accidental harms. Essentially, ICWA makes it slightly easier for employees to hold employers accountable for accidental legal and physical injuries, but significantly reduces the amount of damages the employer may be held liable for.
In this lawsuit, Bronzeville Park argued that McDonald’s claim was covered by ICWA. Meanwhile, McDonald argued that BIPA claims should not be superseded by ICWA. After multiple years of arguments, the case finally made it to the Illinois Supreme Court, where the result was surprising.
According to the justices, BIPA claims are exempt from ICWA because a “privacy injury was not physical or psychological in nature.” Basically, since a privacy violation doesn’t harm someone’s ability to work, it’s not a “workers’ compensation” issue, and ICWA has no sway. The court proceeded to rule in Ms. McDonald’s favor.
What the Case Means for Workers
But what does the McDonald case mean for other Illinois workers? It’s good news. The end result of the court’s decision is that employees in Illinois aren’t limited by ICWA when their employers violate their privacy. This decision is an important precedent, giving workers statewide grounds to file lawsuits against their employers instead of being forced into exclusive remedy situations if their privacy rights are violated.
This particular precedent will likely apply to other forms of privacy beyond BIPA violations. By explicitly stating that a privacy injury is different from a workers’ compensation injury, many similar invasive behaviors may be up for examination. It’s still to be seen how lower courts will apply the McDonald ruling’s precedent to other privacy cases. Still, it will almost certainly affect decisions as long as ICWA remains unchanged.
What to Do If Your Employer Invades Your Privacy
If your employer is invading your privacy, you should fight back. You deserve to keep your personal life separate from your work, and your employer doesn’t need to know every detail of your daily activities. Here’s what you need to do if you want to take legal action against your employer for privacy violations.
- Learn your rights. Privacy rights vary from state to state. Before you make any decisions about approaching your employer, you should understand what specific privacy rights you have in the workplace in Illinois. You can only take legal action against your employer if they have actually violated laws when collecting or using your personal information.
- Get copies of any agreements you may have signed. McDonald’s primary complaint against Bronzeville Park was that they had not acquired informed consent from employees before implementing the fingerprinting system. If your employer has provided you with clear documentation about why and how they want to collect specific data, and you consented by signing a contract, you may not have grounds for a complaint. Get copies of any such documents from your HR department to double-check what you may have agreed to.
- Gather proof of the impact of the invasive behavior on your life. Finally, if a violation of your private data has impacted your life, collect evidence that demonstrates the issue. For instance, if an employer has tried to intrude into your personal life to gather information, collect proof of the stress this has caused you and complaints you have made about the behavior. This will help your attorney argue your case in court.
Keep Your Private Life Your Own
The employment relationship is simple: you do the work your company asks of you in a reasonable way and don’t harm the company, and they pay you for your work. Too many businesses have tried to extend that fundamental relationship to control employees in ways that simply aren’t reasonable. The ruling in McDonald v. Symphony Bronzeville Park, LLC shows that Illinois courts have placed a hard line for that kind of invasive behavior.
If your employer is trying to capture your personal, physical information, they have no longer have any standing in Illinois. You should reach out to an experienced employment law attorney to discuss your situation. They can help you choose your next course of action and make your employer back off. Get started today by scheduling your free consultation with the expert team at the Law Offices of Todd M. Friedman, P.C.
