The Illinois Supreme Court rejected a potential defense to claims of alleged violations of the Illinois Biometric Information Privacy Act (BIPA) when it held that the exclusivity provisions of the Illinois Workers’ Compensation Act (IWCA) do not bar claims for statutory liquidated damages brought by employees against their employers under the BIPA. McDonald v. Symphony Bronzeville Park, No. 126511 (Feb. 3, 2022).
Articles Discussing Illinois Workers' Compensation Claims.
Illinois’ Workers’ Compensation Act Not a Bar to BIPA Claims
For months now, employers and their counsel have been awaiting the Illinois Supreme Court’s ruling in McDonald v. Symphony Bronzeville Park, LLC regarding whether the Illinois Workers’ Compensation Act preempts claims for liquidated damages under the Illinois Biometric Information Privacy Act (BIPA). On February 3, 2022, in a unanimous decision, the Court answered that question in the negative