ANALYSIS: AI Becomes New Focus of Employer Biometric Lawsuits (1)

It’s been four months since the Illinois Supreme Court broadened the scope of the Biometric Information Privacy Act (BIPA) with two key rulings, and courts have already seen an increase in BIPA-related complaints. But it also seems that plaintiffs are empowered by BIPA’s newfound clarity to take on an increasingly imposing workplace specter: employers’ use of artificial intelligence.

2023 has been a busy year for BIPA litigation, with an increase both in consumer and employment related complaints in federal court. State courts have seen a case increase as well. This rise is likely in part due to February’s precedent-setting cases ...