On February 3, 2022, in a much-anticipated opinion, the Illinois Supreme Court held that the Illinois Worker’s Compensation Act does not bar claims against employers under the Illinois Biometric Information Privacy Act (“BIPA”). This decision forecloses another defense that in BIPA cases since the statute has been the subject of relentless litigation beginning 2019.
In the case, McDonald v. Symphony Bronzeville Park, LLC, the plaintiff sued asserting various BIPA violations when the defendant allegedly failed to obtain written releases from its employees with respect to the collection, use and storage of biometric information, failed to inform the employees that biometric information was being collected, failed to provide a written retention policy, and failed to inform them in writing of the purpose and length of time for which their biometric information was being collected, stored and used.
