BIPA Ruling May Limit Employer Liability Under Labor Law

Share on facebook
Share on twitter
Share on linkedin
Share on reddit

By Ryan Gehbauer, Zoe Spector and Dremain Moore (April 19, 2022, 2:44 PM EDT) — An Illinois appellate panel recently issued a decision providing employers with union employees a rare basis to eliminate or limit potential liability in court under the Illinois Biometric Information Privacy Act.

In Walton v. Roosevelt University,[1] the panel followed a series of federal decisions to hold that claims by union employees under BIPA are preempted by the Labor Management Relations Act.

With Walton, employers with union employees now have state and federal precedent to direct BIPA claims to arbitration, and possibly regain some leverage in settlement discussions.

While somewhat expected and limited to claims covered by parties’ collective bargaining agreement, the…

Read more

Explore the site

More from the blog

Latest News