Companies with Illinois employees have been targeted in recent years with class action lawsuits under the Illinois Biometric Information Privacy Act (BIPA). These lawsuits generally allege that employers have not and are not in compliance with BIPA’s notice and consent requirements before collecting or disclosing employees’ biometric information, including fingerprints, retina scans and facial recognition scans.

One of the defenses has been that such claims are preempted under the Illinois Workers’ Compensation Act as workplace injuries and, therefore, cannot be ...