Bill Text: IL SB0508 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Right to Privacy in the Workplace Act. Provides that unless otherwise required by State or federal law, an employer shall not voluntarily enroll in the E-Verify program or a similar Electronic Employment Verification System. Provides that an employer shall not impose work authorization verification or re-verification requirements greater than those required by federal law. Provides that if an employer is required to participate in the E-Verify program or a similar Electronic Employment Verification System and receives notification from the Social Security Administration of a discrepancy between an employee's name or social security number and the Social Security Administration's records, the employer must provide the employee with specified documents. Provides for additional rights and protections granted to an employee following the notification from the Social Security Administration of a discrepancy. Provides that an employer shall provide notice to current employees, by posting in the language the employer normally uses to communicate employment-related information to the employee, of any inspections of I-9 Employment Eligibility Verification forms or other employment records conducted by the inspecting entity within 72 hours after receiving notice of the inspection. Provides for additional notice requirements concerning obligations of the employer and the employee. Provides for violations and civil penalties. Defines terms.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Engrossed) 2024-02-09 - Added as Co-Sponsor Sen. Natalie Toro [SB0508 Detail]

Download: Illinois-2023-SB0508-Engrossed.html

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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Right to Privacy in the Workplace Act is
amended by changing Sections 12 and 15 and adding Section 13 as
follows:
(820 ILCS 55/12)
Sec. 12. Use of Employment Eligibility Verification
Systems.
(a) Prior to enrolling choosing to voluntarily enroll in
any Electronic Employment Verification System, including the
E-Verify program and the Basic Pilot program, as authorized by
8 U.S.C. 1324a, Notes, Pilot Programs for Employment
Eligibility Confirmation (enacted by P.L. 104-208, div. C,
title IV, subtitle A), employers are urged to consult the
Illinois Department of Labor's website for current information
on the accuracy of E-Verify and to review and understand an
employer's legal responsibilities relating to the use of the
voluntary E-Verify program. Nothing in this Act shall be
construed to require an employer to enroll in any Electronic
Employment Verification System, including the E-Verify program
and the Basic Pilot program, as authorized by 8 U.S.C. 1324a,
Notes, Pilot Programs for Employment Eligibility Confirmation

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(enacted by P.L. 104-208, div. C, title IV, subtitle A) beyond
those obligations that have been imposed upon them by federal
law.
(a-1) The Illinois Department of Labor (IDOL) shall post
on its website information or links to information from the
United States Government Accountability Office, Westat, or a
similar reliable source independent of the Department of
Homeland Security regarding: (1) the accuracy of the E-Verify
databases; (2) the approximate financial burden and
expenditure of time that use of E-Verify requires from
employers; and (3) an overview of an employer's
responsibilities under federal and state law relating to the
use of E-Verify.
(b) Upon initial enrollment in an Employment Eligibility
Verification System or within 30 days after the effective date
of this amendatory Act of the 96th General Assembly, an
employer enrolled in E-Verify or any other Employment
Eligibility Verification System must attest, under penalty of
perjury, on a form prescribed by the IDOL available on the IDOL
website:
(1) that the employer has received the Basic Pilot or
E-Verify training materials from the Department of
Homeland Security (DHS), and that all employees who will
administer the program have completed the Basic Pilot or
E-Verify Computer Based Tutorial (CBT); and
(2) that the employer has posted the notice from DHS

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indicating that the employer is enrolled in the Basic
Pilot or E-Verify program and the anti-discrimination
notice issued by the Office of Special Counsel for
Immigration-Related Unfair Employment Practices (OSC),
Civil Rights Division, U.S. Department of Justice in a
prominent place that is clearly visible to both
prospective and current employees. The employer must
maintain the signed original of the attestation form
prescribed by the IDOL, as well as all CBT certificates of
completion and make them available for inspection or
copying by the IDOL at any reasonable time.
(c) It is a violation of this Act for an employer enrolled
in an Employment Eligibility Verification System, including
the E-Verify program and the Basic Pilot program:
(1) to fail to display the notices supplied by DHS and
OSC in a prominent place that is clearly visible to both
prospective and current employees;
(2) to allow any employee to use an Employment
Eligibility Verification System prior to having completed
CBT;
(3) to fail to take reasonable steps to prevent an
employee from circumventing the requirement to complete
the CBT by assuming another employee's E-Verify or Basic
Pilot user identification or password;
(4) to use the Employment Eligibility Verification
System to verify the employment eligibility of job

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applicants prior to hiring or to otherwise use the
Employment Eligibility Verification System to screen
individuals prior to hiring and prior to the completion of
a Form I-9;
(5) to terminate an employee or take any other adverse
employment action against an individual prior to receiving
a final nonconfirmation notice from the Social Security
Administration or the Department of Homeland Security;
(6) to fail to notify an individual, in writing, of
the employer's receipt of a tentative nonconfirmation
notice, of the individual's right to contest the tentative
nonconfirmation notice, and of the contact information for
the relevant government agency or agencies that the
individual must contact to resolve the tentative
nonconfirmation notice;
(7) to fail to safeguard the information contained in
the Employment Eligibility Verification System, and the
means of access to the system (such as passwords and other
privacy protections). An employer shall ensure that the
System is not used for any purpose other than employment
verification of newly hired employees and shall ensure
that the information contained in the System and the means
of access to the System are not disseminated to any person
other than employees who need such information and access
to perform the employer's employment verification
responsibilities.

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(c-1) Any claim that an employer refused to hire,
segregated, or acted with respect to recruitment, hiring,
promotion, renewal or employment, selection for training or
apprenticeship, discharge, discipline, tenure or terms,
privileges, or conditions of employment without following the
procedures of the Employment Eligibility Verification System,
including the Basic Pilot and E-Verify programs, may be
brought under paragraph (G)(2) of Section 2-102 of the
Illinois Human Rights Act.
(c-2) It is a violation of this Section for an individual
to falsely pose as an employer in order to enroll in an
Employment Eligibility Verification System or for an employer
to use an Employment Eligibility Verification System to access
information regarding an individual who is not an employee of
the employer.
(d) Preemption. Neither the State nor any of its political
subdivisions, nor any unit of local government, including a
home rule unit, may require any employer to use an Employment
Eligibility Verification System, including under the following
circumstances:
(1) as a condition of receiving a government contract;
(2) as a condition of receiving a business license; or
(3) as penalty for violating licensing or other
similar laws.
This subsection (d) is a denial and limitation of home
rule powers and functions under subsection (h) of Section 6 of

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Article VII of the Illinois Constitution.
(Source: P.A. 95-138, eff. 1-1-08; 96-623, eff. 1-1-10;
96-1000, eff. 7-2-10.)
(820 ILCS 55/13 new)
Sec. 13. Restrictions on the use of Employment Eligibility
Verification Systems.
(a) As used in this Section:
"Employee's authorized representative" means an exclusive
collective bargaining representative.
"Inspecting entity" means the U.S. Immigration and Customs
Enforcement, United States Customs and Border Protection, or
any other federal entity enforcing civil immigration
violations of an employer's I-9 Employment Eligibility
Verification forms.
(b) An employer shall not impose work authorization
verification or re-verification requirements greater than
those required by federal law.
(c) If an employer contends that there is a discrepancy in
an employee's employment verification information, the
employer must provide the employee with:
(1) The specific document or documents, if made
available to the employer, that the employer deems to be
deficient and the reason why the document or documents are
deficient. Upon request by the employee or the employee's
authorized representative, the employer shall give to the

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employee the original document forming the basis for the
employer's contention of deficiency within 7 business
days.
(2) Instructions on how the employee can correct the
alleged deficient documents if required to do so by law.
(3) An explanation of the employee's right to have
representation present during related meetings,
discussions, or proceedings with the employer, if allowed
by a memorandum of understanding concerning the federal
E-Verify system.
(4) An explanation of any other rights that the
employee may have in connection with the employer's
contention.
(d) When an employer receives notification from any
federal or State agency, including, but not limited to, the
Social Security Administration or the Internal Revenue
Service, of a discrepancy as it relates to work authorization,
the following rights and protections are granted to the
employee:
(1) The employer must not take any adverse action
against the employee, including re-verification, based on
the receipt of the notification.
(2) The employer must provide a notice to the employee
and, if allowed by a memorandum of understanding
concerning the federal E-Verify system, to the employee's
authorized representative, if any, as soon as practicable,

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but not more than 5 business days after the date of receipt
of the notification, unless a shorter timeline is provided
for under federal law or a collective bargaining
agreement. The notice to the employee shall include, but
not be limited to: (i) an explanation that the federal or
State agency has notified the employer that the employee's
work authorization documents presented by the employee do
not appear to be valid or reasonably relate to the
employee; and (ii) the time period the employee has to
contest the federal or State agency's determination. The
employer shall notify the employee in person and deliver
the notification by hand, if possible. If hand delivery is
not possible, then the employer shall notify the employee
by mail and email, if the email address of the employee is
known, and shall notify the employee's authorized
representative. Upon request by the employee or the
employee's authorized representative, the employer shall
give to the employee the original notice from the federal
or State agency, including, but not limited to, the Social
Security Administration or the Internal Revenue Service,
within 7 business days. This original notice shall be
redacted in compliance with State and federal privacy laws
and shall relate only to the employee receiving the
notification.
(3) The employee may have a representative of the
employee's choosing in any meetings, discussions, or

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proceedings with the employer.
The procedures described in this subsection do not apply
to inspections of an employer's I-9 Employment Verification
Forms by an inspecting entity or any relevant procedure
otherwise described in subsection (g).
(e) Except as otherwise required by federal law, an
employer shall provide a notice to each current employee, by
posting in English and in any language commonly used in the
workplace, of any inspections of I-9 Employment Eligibility
Verification forms or other employment records conducted by
the inspecting entity within 72 hours after receiving notice
of the inspection. Written notice shall also be given within
72 hours to the employee's authorized representative, if any.
The posted notice shall contain the following information:
(1) the name of the entity conducting the inspections
of I-9 Employment Eligibility Verification forms or other
employment records;
(2) the date that the employer received notice of the
inspection;
(3) the nature of the inspection to the extent known
by the employer; and
(4) a copy of the notice received by the employer.
An employer, upon reasonable request, shall provide an
employee a copy of the Notice of Inspection of I-9 Employment
Eligibility Verification forms.
(f) On or before 6 months after the effective date of this

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amendatory Act of the 103rd General Assembly, the Department
shall develop a template posting that employers may use to
comply with the requirements of subsection (e) to inform
employees of a notice of inspection to be conducted of I-9
Employment Eligibility Verification forms or other employment
records conducted by the inspecting entity. The Department
shall make the template available on its website so that it is
accessible to any employer.
(g) Except as otherwise required by federal law, if during
an inspection of the employer's I-9 Employment Eligibility
Verification forms by an inspecting entity, the inspecting
entity makes a determination that the employee's work
authorization documents do not establish that the employee is
authorized to work in the United States and provide the
employer with notice of that determination, the employer shall
provide a written notice as set forth in this subsection to the
employee within 5 business days, unless a shorter timeline is
provided for under federal law or a collective bargaining
agreement. The employer's notice to the employee shall relate
to the employee only. The employer shall notify the employee
in person and deliver the notification by hand, if possible.
If hand delivery is not possible, then the employer shall
notify the employee by mail and email, if the email address of
the employee is known, and shall notify the employee's
authorized representative. The employer's notice to the
employee shall contain the following information:

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(1) an explanation that the inspecting entity has
determined that the employee's work authorization
documents presented by the employee do not appear to be
valid or reasonably relate to the employee;
(2) the time period for the employee to notify the
employer whether the employee is contesting or not
contesting the determination by the inspecting entity;
(3) if known by the employer, the time and date of any
meeting with the employer and employee or with the
inspecting entity and employee related to the correction
of the inspecting entity's determination that the
employee's work authorization documents presented by the
employee do not appear to be valid or reasonably relate to
the employee; and
(4) notice that the employee has the right to
representation during any meeting scheduled with the
employer and the inspecting entity.
If the employee contests the inspecting entity's
determination, the employer will notify the employee within 72
hours after receipt of any final determination by the
inspecting entity related to the employee's work authorization
status. Upon request by the employee or the employee's
authorized representative, the employer shall give the
employee the original notice from the inspecting entity within
7 business days. This original notice shall be redacted in
compliance with State and federal privacy laws and shall

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relate only to the employee receiving the notification.
(h) This Section does not require a penalty to be imposed
upon an employer or person who fails to provide notice to an
employee at the express and specific direction or request of
the federal government. In determining the amount of the
penalty, the appropriateness of the penalty to the size of the
business of the employer charged and the gravity of the
violation shall be considered. The penalty may be recovered in
a civil action brought by the Director in any circuit court.
Upon request by the employee or the employee's authorized
representative, the employer shall give the employee the
original notice from the inspecting entity within 7 business
days.
(i) This Section applies to public and private employers.
(j) Nothing in this Section shall be interpreted,
construed, or applied to restrict or limit an employer's
compliance with a memorandum of understanding concerning the
use of the federal E-Verify system.
(820 ILCS 55/15) (from Ch. 48, par. 2865)
Sec. 15. Administration and enforcement.
(a) The Director of Labor or his authorized representative
shall administer and enforce the provisions of this Act. The
Director of Labor may issue rules and regulations necessary to
administer and enforce the provisions of this Act.
(b) If an employee or applicant for employment alleges

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that he or she has been denied his or her rights under this
Act, he or she may file a complaint with the Department of
Labor. The Department shall investigate the complaint and
shall have authority to request the issuance of a search
warrant or subpoena to inspect the files of the employer or
prospective employer, if necessary. The Department shall
attempt to resolve the complaint by conference, conciliation,
or persuasion. If the complaint is not so resolved and the
Department finds the employer or prospective employer has
violated the Act, the Department may commence an action in the
circuit court to enforce the provisions of this Act including
an action to compel compliance. The circuit court for the
county in which the complainant resides or in which the
complainant is employed shall have jurisdiction in such
actions.
(c) If an employer or prospective employer violates this
Act, an employee or applicant for employment may commence an
action in the circuit court to enforce the provisions of this
Act, including actions to compel compliance, where efforts to
resolve the employee's or applicant for employment's complaint
concerning the violation by conference, conciliation or
persuasion under subsection (b) have failed and the Department
has not commenced an action in circuit court to redress the
violation. The circuit court for the county in which the
complainant resides or in which the complainant is employed
shall have jurisdiction in such actions.

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(d) Failure to comply with an order of the court may be
punished as contempt. In addition, the court shall award an
employee or applicant for employment prevailing in an action
under this Act the following damages:
(1) Actual damages plus costs.
(2) For a willful and knowing violation of this Act,
$200 plus costs, reasonable attorney's fees, and actual
damages.
(3) For a willful and knowing violation of Section
12(c) or Section 12(c-2) of this Act, $500 per affected
employee plus costs, reasonable attorney's attorneys’
fees, and actual damages.
(4) For a willful and knowing violation of Section 13,
a civil penalty of a minimum of $2,000 up to a maximum of
$5,000 for a first violation and a civil penalty of a
minimum of $5,000 up to a maximum of $10,000 for each
subsequent violation per affected employee plus costs,
reasonable attorney's fees, and actual damages.
(e) Any employer or prospective employer or his agent who
violates the provisions of this Act is guilty of a petty
offense.
(f) Any employer or prospective employer, or the officer
or agent of any employer or prospective employer, who
discharges or in any other manner discriminates against any
employee or applicant for employment because that employee or
applicant for employment has made a complaint to his employer,

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