BIPA Continues Its Devastating Impact On Illinois Businesses

On September 18, 2020, in a closely watched Illinois Biometric Information Privacy Act (BIPA) case of first impression, the Illinois First District Court of Appeals ruled that BIPA claims for statutory damages by employees against their employers are not preempted by the exclusive remedy provision of the Illinois Workers Compensation Act (IWCA).

McDonald v. Symphony Bronzeville

The McDonald v. Symphony Bronzeville case came before the appellate court by way of a Rule 308 interlocutory appeal on the certified question of whether the exclusivity provisions of the IWCA bar a claim for statutory damages under BIPA where an employer is alleged to have violated an employee's statutory privacy rights during the course of their employment. The appellate court answered in the negative, reasoning that claims for liquidated damages do not involve a work-related injury and thus are not "compensable" under the IWCA, and furthermore do not fit within the purview of the IWCA