Illinois: State Workers’ Compensation Act Does Not Prevent BIPA Claims

Applies to:          All Employers with IL Employees

Effective:             February 3, 2022

In McDonald v. Sympathy Bronzeville Park, LLC, the Illinois Supreme Court stated that Illinois’ Workers’ Compensation Act does not prevent employees from recovering statutory damages available under the Illinois Biometric Information Privacy Act (BIPA). There, an employee sought to recover damages claiming the employer improperly used a biometric system for employee identification and timekeeping, including failing to provide required employee notice of collecting, storing, and use of fingerprints, or obtain written releases from employees.

The employer claimed that the Illinois’ Workers’ Compensation Act barred the BIPA claims. Ultimately, the Illinois Supreme Court disagreed, saying that the Workers’ Compensation Act did not prevent employee claims under BIPA. The Court stated that the privacy rights covered under BIPA are different from the protections awarded for physical or mental injuries under the Workers’ Compensation Act.

Action Items

1. Review policies and procedures for compliance with BIPA, including notice and release requirements.