Illinois Supreme Court Decides Employee BIPA Lawsuit is Not Subject to Exclusivity Provisions of Workers’ Compensation Act.

Today, in a 7-0 ruling, the Supreme Court of Illinois held that an employee’s Biometric Privacy Information Act (BIPA) claim for the collection or dissemination of personal information did not fall within the “exclusivity provisions” of Illinois’ Workers’ Compensation Act.  Illinois employees may continue to bring suits in state courts for violations of BIPA, rather than have their claims adjudicated before the Workers’ Compensation Commission.  Key quotes: “The personal and societal injuries caused by violating the Privacy Act’s prophylactic requirements are different in nature and scope from the physical and psychological work injuries that are compensable under the Compensation Act,” and “[a]s such, the circuit court correctly reasoned that McDonald’s loss of the ability to maintain her privacy rights was not a psychological or physical injury that is compensable under the Compensation Act.”  A copy of the opinion can be found here: https://bit.ly/3HqMZsV