Illinois Appellate Court: Workers’ Compensation Act Does Not Preempt Biometric Claims

Recently, an Illinois appellate court held claims asserted under the Illinois Biometric Information Privacy Act (“BIPA”) are not preempted by the Illinois Workers’ Compensation Act (“IWCA”). While the decision—McDonald v. Symphony Bronzeville Park LLC, 2020 IL App (1st) 192398—limits the availability of the IWCA preemption defense in BIPA litigation, preemption is nonetheless still available to defendants under both the Labor Management Relations Act (“LMRA”) and the Railway Labor Act (“RLA”),...
By: Blank Rome LLP

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