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IL HB5396

Bill

Status

Introduced

1/28/2022

Primary Sponsor

James Durkin

Click for details

Origin

House of Representatives

102nd General Assembly

AI Summary

  • Amends the Biometric Information Privacy Act (BIPA) to require that if an employee sues their employer under BIPA, relief shall be determined under the Workers' Compensation Act instead of through BIPA's civil remedies.

  • Removes employee access to BIPA's liquidated damages ($1,000 for negligent violations, $5,000 for intentional or reckless violations), attorneys' fees, and other relief when suing an employer.

  • Amends the Workers' Compensation Act to specify that actions arising from employer violations of BIPA must be adjudicated as workers' compensation claims rather than through civil litigation.

  • Restricts biometric privacy claims against employers to the workers' compensation framework, which typically provides limited, predetermined benefits in exchange for the employer's immunity from civil lawsuits.

Legislative Description

BIPA-WORKERS COMP-ACTION

Last Action

Rule 19(a) / Re-referred to Rules Committee

2/18/2022

Committee Referrals

Rules2/18/2022
Civil Procedure & Tort Liability Subcommittee2/14/2022
Judiciary - Civil2/9/2022
Rules1/31/2022

Full Bill Text

No bill text available