Standard Market Sued Over Worker Fingerprints, Layoffs

NAPERVILLE, IL — Former employees of Standard Market in Naperville have filed a class action lawsuit alleging the company collected workers' fingerprints illegally. The lawsuit claims the now-closed Naperville and Westmont Standard Market locations had employees use fingerprints to clock in and out, but did not disclose what would happen to the fingerprints once the store closed or employment ended, Chicago Tribune reports.

The lawsuit, filed by former employee Leen Abusalem on behalf of what could be hundreds of employees, seeks damages of $1000 for every instance in which Standard Market allegedly violated the Biometric Information Privacy Act. The Biometric Information Privacy Act outlines how companies must handle "biometric identifiers," including fingerprints and retina scans.

According to the act,

No private entity may collect, capture, purchase, receive through trade, or otherwise obtain a person's or a customer's biometric identifier or biometric information, unless it first:
(1) informs the subject or the subject's legally authorized representative in writing that a biometric identifier or biometric information is being collected or stored;

(2) informs the subject or the subject's legally authorized representative in writing of the specific purpose and length of term for which a biometric identifier or biometric information is being collected, stored, and used; and

(3) receives a written release executed by the subject of the biometric identifier or biometric information or the subject's legally authorized representative.

The suit over employee fingerprints was later amended to include a claim that the store, which closed in April, did not give employees adequate notice that they would be laid off.

Standard Market did not immediately respond to a request for comment from Patch early Thursday.

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