On February 3, 2022, the Illinois Supreme Court issued a long-awaited, seminal
ruling under the Illinois Biometric Information Privacy
Act (BIPA). The court, in McDonald v. Symphony Bronzeville
Park, LLC, held that the Illinois Workers' Compensation
Act (IWCA) does not pre-empt workplace claims arising under BIPA
when no actual injury is alleged.
The Illinois Supreme Court reviewed de novo a
certified question:
Do the exclusivity provisions of the Illinois Workers'
Compensation Act ("IWCA") bar a claim for statutory
damages under Illinois' Biometric Information Privacy Act
("BIPA") where an employer is alleged to have violated an
employee's statutory privacy rights under BIPA?
