Bill Addresses Court Decisions Holding That Exclusivity Doesn't Bar BIPA Claims

A bill before Illinois lawmakers this year would address recent court decisions finding that workers’ compensation exclusivity does not preclude claims for damages under the Biometric Information Privacy Act. House Bill 5396, by Rep. Jim Durkin, R-Western Springs, would declare that if a worker brings an action against an employer for violations of the privacy act, the worker’s entitlement to relief shall be determined under the state’s workers’ compensation laws. The bill would also require that any action arising under the Biometric Information Privacy Act due to th...