After Ill.’s decision, Trucking Cos. must review biometric policies

By Alexander Baker, Matthew Giardina and Howard Goldberg (March 2, 2022, 6:00 PM EST) – In McDonald v. Symphony Bronzeville Park LLC, decided by the Illinois Supreme Court on February 3, the court ruled that the state exclusive provision of the Illinois Workers’ Compensation Act does not preclude civil suits under the Illinois Biometric Privacy Act.

The Illinois courts have held that workers’ compensation is the exclusive remedy unless one of the following applies: (1) the injury was not accidental; (2) the injury does not arise out of the employee’s employment; (3) the injury was not sustained in the course of employment; or (4) the injury was not compensable under the law.[1]

This decision will affect any business…

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