Illinois: Civil Action for Violation of Biometric Information Privacy Act Not Barred by Exclusive Remedy Rule

An Illinois appellate court, rendering a decision that is consistent with earlier federal court decisions on the same subject, held that an employee's civil action claim for statutory, liquidated damages against her employer for alleged violations of the state's Biometric Information Privacy Act is not barred by the exclusive remedy provisions of the Illinois Workers' Compensation Act. The court noted that the type of injury alleged, and the damages sought, were not the sort that came within the coverage of the state's workers' compensation laws.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See McDonald v. Symphony Bronzeville Park Lic., 2020 IL App (1st) 192398, 2020 Ill. App. LEXIS 627 (Sept. 18, 2020)

See generally Larson’s Workers’ Compensation Law, § 100.04.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

For a more detailed discussion of the case, see

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