Seyfarth
Synopsis: The Illinois
Supreme Court issued its long-awaited
decision in McDonald v. Symphony Bronzeville Park, LLC, et
al., 2022 IL 126511 (Feb. 3, 2022), holding that claims for
statutory damages against an employer under the Illinois Biometric
Information Privacy Act ("BIPA") are not preempted by the
exclusivity provisions of the Illinois Workers' Compensation
Act (the "IWCA"). This ruling is a major
development in the BIPA class action landscape, as it resolves a
frequently-contested issue and effectively precludes employers from
asserting IWCA preemption as a defense to BIPA
claims.
Case Background
The plaintiff in McDonald claimed her former
employer, Symphony Bronzeville Park, LLC, violated the BIPA by
requiring her and other employees to use a time-clock system that
scans their fingerprints without properly providing notice,
providing a publicly-available retention policy, or obtaining
written consents required by the statute. Defendant
