Employees are often unaware of the extent to which their privacy rights are protected in the workplace. In Illinois and under federal law, workers have specific rights regarding the collection, storage, and disclosure of personal and biometric information, electronic surveillance, and medical confidentiality. Violations of these rights can form the basis for legal claims against employers who overreach or fail to protect sensitive employee data.
One common privacy violation involves the collection and use of biometric data, such as fingerprints or facial scans without first obtaining informed written consent. The Illinois Biometric Information Privacy Act (BIPA) requires that employers obtain informed written consent before collecting biometric information and mandates strict protocols for data retention and destruction. Employers who collect this data without following BIPA requirements expose themselves to significant legal liability, including statutory damages of $1,000 per negligent violation and $5,000 per intentional or reckless violation.
Employers may also violate employee privacy through excessive monitoring, such as reading private emails, recording conversations, or placing surveillance cameras in restrooms or break areas. Although employers generally have some leeway to monitor work-related activity on company devices, they must respect reasonable expectations of privacy and follow applicable state and federal laws, including the federal Wiretap Act and Illinois’ Eavesdropping Act.
Medical privacy is another key area. Under the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA), and Illinois law, employers must keep medical records confidential and separate from personnel files. Improper disclosure of medical information—such as revealing an employee’s diagnosis or reason for leave—can result in claims for damages, emotional distress, and even punitive damages in certain cases.
Additionally, under ADA employers are prohibited from requiring a medical exam or inquiring into about an employee’s disability status unless job-related and consistent with business necessity.
If you believe your employer has violated your privacy rights, Caffarelli & Associates can help you assess your legal options and determine the best course of action. We offer confidential consultations and can guide you through the process of asserting your rights in court or through negotiated settlement.
