Whole Foods Class Action Says Fingerprint Time Clock Violates Law

A class action lawsuit claims that Whole Foods unlawfully collects employee fingerprints when Illinois workers scan in and out of work.

The Whole Foods class action lawsuit was filed by Kenyatta Nichols who says she was an hourly employee of Whole Foods in Illinois between April and July 2017.

Nichols claims that she was required to use a biometric time clock system each time she started and finished working.

Allegedly, the company collected her biometric information in a way that violates the Illinois Biometric Information Privacy Act.

Nichols says that fingerprints count as biometric information, as described in the BIPA because they are unique and permanent identifiers. Allegedly, Whole Foods benefited from using the system because it allowed them to ensure that one employee could not clock in or out for another.

However, Nichols argues that employees are harmed by this practice because their privacy is violated. She says that Illinois’ state law recognizes that biologically unique identifiers including fingerprints cannot be changed, so when this information gets out about a person, they are at a heightened risk for loss in cases of identity theft.

The Whole Foods employee fingerprinting class action lawsuit prohibits private entities from collecting, storing, using, or transferring an employee’s biometric identifiers without the informed consent of the individual.

Nichols argues that Whole Foods should have collected a release from employees that authorized Whole Foods to gather the biometric identifiers and explain the purpose of the collection, as well as how long the company would retain it.

Allegedly, Whole Foods did not ask for the informed consent of employees before collecting their fingerprints, per the requirements of Illinois’ law.

The Whole Foods BIPA violation class action lawsuit says that Whole Foods knew or should have known of the requirements of the Biometric Information Privacy Act, and the company’s knowledge makes their violation of the law reckless or negligent.

Whole Foods reportedly failed to create a written policy about their collection of biometric information. Allegedly, Illinois law requires private entities to create such a policy and make it available to the public.

The Whole Foods class action lawsuit goes on to say that the policy should also include a schedule for the retention and destruction guidelines for the company’s possession of biometric identifiers and information.

Nichols seeks to represent herself and all other Illinois Whole Foods employees who had their biometric privacy information collected by Whole Foods. 

She is seeking damages for each violation of the Illinois Biometric Information Privacy Act on behalf of herself and all other similarly affected employees.

Nichols is represented by Douglas W. Werman, Maureen A. Salas, Zachary C. Flowerree, and Sarah J. Arendt of Werman Salas PC.

The Whole Foods Employee Fingerprinting BIPA Violation Class Action Lawsuit is Kenyatta Nichols v. Whole Foods Market Group Inc., Case No. 2019CH09096, in the Circuit Court of Cook County, Illinois.

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