On the morning of Thursday, February 3, 2022, the Illinois Supreme Court issued its long-awaited opinion in McDonald v. Symphony Bronzeville Park. That case asked the Court to determine whether Illinois’ Workers’ Compensation Act preempts claims for damages under Illinois’ Biometric Information Privacy Act (“BIPA”).
In fifty-two, focused paragraphs the Illinois Supreme Court compared and contrasted the Workers’ Compensation Act and BIPA, picked-apart the purpose and language of each statute and, ultimately, concluded that the Illinois Workers’ Compensation Act does not preempt claims for statutory damages under BIPA. In practical terms, the Court’s opinion means that employers can be subject both to liability for damages claims under BIPA as well as to liability under the workers’ compensation framework.
This dramatic blow to employers began as a dispute in Chicago, when employees of a nursing home objected to their employer’s practice of requiring that employees scan their fingerprints as a means of authenticating employees and tracking their time. The employees sued, alleging that the nursing home had violated their rights under BIPA by collecting, storing, and using their biometric identifiers and biometric information without first providing the proper releases and notices.
In response, the nursing home argued that the employees could not seek damages under BIPA because the injury to their privacy occurred at work, and so their exclusive remedy was to seek compensation...
A former Tasmanian nurse has had her registration cancelled after a tribunal found she falsely claimed qualifications when applying for paramedic and senior nursing jobs. In a decision handed down...