Evergreen Living & Rehab Center, LLC faces a proposed class action in which a former employee claims the nursing home operator collects worker fingerprints for timekeeping purposes in violation of an Illinois privacy law.
The case alleges the defendant—who operates The Villa at Evergreen Park and Avantara Evergreen Park—“disregards its workers’ statutorily protected rights” under the Illinois Biometric Information Privacy Act (BIPA) by collecting, storing and using their biometric identifiers, i.e. fingerprints, without proper authorization and disclosures.
More specifically, the suit claims that although Evergreen requires employees to scan their fingerprints to clock in and out of work, the nursing home operator has fallen short of the BIPA’s requirements by failing to:
Inform employees in writing that their biometric information or identifiers were being collected;
Inform the workers of the purpose and length of time for which their fingerprints were being collected, stored and used;
Receive proper authorization from workers to “collect, capture, or otherwise obtain” their fingerprints; and
Publish a publicly available retention schedule and guidelines outlining the permanent destruction of employees’ biometric data.
The plaintiff, who worked at one of the defendant’s Evergreen Park locations between July 2014 and October 2018, says the company uses the same biometric scanning system to track workers’ hours at each of its locations, including facilities in Elgin, Long Grove, and Park Ridge, Illinois.
The woman looks to represent any Illinois resident who, within the past five years, had their fingerprint or other biometric information collected, captured, received, otherwise obtained, used, or stored by the defendant using its biometric scanner system at any of the company’s Illinois locations.
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