Unionized workers' lawsuits alleging violations of Illinois' Biometric Information Privacy Act (BIPA) are preempted if the worker who sued is covered by a collective bargaining agreement with a broad management rights clause, according to the recent Illinois Supreme Court decision in Walton v. Roosevelt University. The decision leaves BIPA claims to the dispute resolution process set forth in the union contract.

In a Bloomberg Law article, "Union Workers in 'Unchartered Territory' on Illinois Privacy Law," Traditional Labor Law Practice Co-Chair Amy Moor Gaylord, explained that the Walton decision gives unions leverage to negotiate for strong biometric privacy protections, or other concessions, in future contracts.

Bloomberg Law quoted Moor Gaylord: “Getting that broad management rights clause that will hopefully cover timekeeping and other BIPA issues now becomes more valuable for employers."