Someone who experiences sexual violence, assault or harassment in the workplace will now have a powerful choice in how their claim is resolved, thanks to a new law passed by both houses of Congress in February of 2022. Instead of mandating a survivor must have their complaint resolved in an arbitration with their employer, those victims can now choose to have their case heard in court, in front of a jury of their peers. The passage of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act follows years of vigorous advocacy from organizations like the American ...

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 ...