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Illinois Workers’ Comp No Bar to Biometric Privacy Class Claims

Sept. 21, 2020, 8:27 PM

A Chicago nursing-home worker’s proposed class action alleging her employer’s fingerprint timekeeping system violates an Illinois privacy statute isn’t barred by the state law that governs most workplace-related injuries, a state appeals court ruled.

The Biometric Information Privacy Act claims for statutory damages aren’t compensable under the Workers’ Compensation Act and so aren’t preempted by its exclusive remedy provision, the Illinois Appellate Court, First District, said.

This is the first Illinois state appeals court to weigh in on the preemption question. Several Illinois federal courts and state circuit courts have reached the same conclusion.

The lawsuit was filed in 2017 ...