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ARTICLE · 25 SEPTEMBER 2020

Illinois Appellate Court Rules That Workers' Compensation Act Does Not Bar BIPA Claims

Holland & Knight
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In its Sept. 18, 2020, opinion in McDonald v. Symphony Bronzeville Park LLC, 2020 IL App (1st) 192398, the Illinois Appellate Court struck down a key defense pursued by...

United StatesLitigation, Mediation & Arbitration
William F. Farley
William F. Farley
Rachel C. Agius
Rachel C. Agius
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Highlights

  • A recent Illinois Appellate Court opinion in McDonald v. Symphony Bronzeville Park LLC struck down a key defense pursued by employers facing lawsuits for violation of the Illinois Biometric Information Privacy Act (BIPA).
  • The McDonald court explicitly rejected the argument that BIPA is preempted by the Illinois Workers' Compensation Act.
  • The court's ruling in McDonald further narrows the viable defenses to alleged violations of BIPA, but does not eliminate the applicability of preemption in circumstances where actual damages are alleged.

In its Sept. 18, 2020, opinion in McDonald v. Symphony Bronzeville Park LLC, 2020 IL App (1st) 192398, the Illinois Appellate Court struck down a key defense pursued by employers facing lawsuits for violation of the Illinois Biometric Information Privacy Act, 740 ILCS 14/1 et seq. (BIPA). Over the past few years, employers using fingerprint-based time clocks and other technology capturing an employee's

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