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One to Keep An Eye On: Gates v. Eagle Foods Group, LLC (Northern District of Illinois, Eastern Division)

 

As with many labor & employment law related cases (and bills) being litigated around the country, there are always a few that stand out.  This is one to keep an eye on.


Gregory Gates (“Gates”) worked at Eagle Foods Group, LLC (“Eagle”) for a period of time as a sanitation and assembly line employee.  During his tenure with Eagle, he was required to scan his handprint each time he began and ended his workday as well as whenever he clocked in and out for breaks.  Gates filed a purported class action against Eagle on the grounds that the company violated the Illinois Biometric Information Privacy Act (“BIPA”) by failing to publish retention schedules for biometric data and failing to destroy the biometric data, by systematically and automatically collecting biometric data without written release, and by systematically and automatically disclosing biometric data without first obtaining consent.

Eagle responded to the suit and argued the BIPA does not apply to the claims asserted by Gates because he is a former employee and therefore not covered under the BIPA.  As well, Eagle argued it did not “actively collect” Gates’ fingerprints, which it asserted was a requirement to be found liable under the BIPA.

After the case was moved to the Northern District of Illinois, Eastern Division (at Eagle’s request), Gates moved to remand it back to the Circuit Court of Lake County.  The Northern District denied that request on the grounds that Eagle had properly notified Gates of the removal to the Northern District.  

At the present time, Eagle has moved to dismiss Gates’ case on the above referenced grounds.  At present, Eagle’s final reply is due on May 17th after which the Northern District is likely to make a ruling.  Biometric cases are sometimes few and far between (in regard to novel matters raised in the filings), but it will be interesting to see how the Northern District interprets the language of the BIPA...which will likely lead to Gates’ case surviving or getting tossed out.


For additional information:  https://law.justia.com/cases/federal/district-courts/illinois/ilndce/1:2020cv06525/392878/30/

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