McDonald v. Symphony Bronzeville Park, LLC

Illinois Supreme Court
Civil Court
Illinois Biometric Information Privacy Act
Worker's Compensation Act
Citation
Case Number: 
2022 IL 126511
Decision Date: 
Thursday, February 3, 2022
Holding: 
Affirmed and remanded.
Justice: 
OVERSTREET

Illinois Supreme Court held that the exclusivity provisions of the Illinois Workers’ Compensation Act do not bar a claim for statutory damages under the Illinois Biometric Information Privacy Act where an employer is alleged to have violated an employee’s statutory rights under the Privacy Act. The court explained that whether the exclusivity provision of the Compensation Act bars an employee’s civil claim depends on the nature of the damages as it only applies if the injury is one that is covered by the Compensation Act. The injuries alleged by plaintiffs for the alleged violation of the Privacy Act were not the type of injuries that are compensable under the Compensation Act and, as a result, the claims were not barred. (ANNE M. BURKE, GARMAN, THEIS, NEVILLE, and CARTER, concurring and MICHAEL J. BURKE, specially concurring.)