Bill Text: IL SB2339 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: Reinserts the provisions of the engrossed bill with the following changes. Repeals provisions concerning the use of Employment Eligibility Verification Systems and restrictions on the use of Employment Eligibility Verification Systems. Removes a provision that makes a violation of the Act a petty offense. Makes other changes. Effective immediately.

Sponsorship: Partisan Bill (Democrat 23)

Status: (Passed) 2025-12-12 - Public Act . . . . . . . . . 104-0455 [SB2339 Detail]

Download: Illinois-2025-SB2339-Enrolled.html

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SB2339 Enrolled LRB104 09425 SPS 19485 b
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 15 and 20 and by adding Sections
14, 16, 17, 18, 19, and 25 as follows:
(820 ILCS 55/14 new)
Sec. 14. Employment requirements.
(a) If an employer receives a written notification from
any federal agency or other outside vendor not responsible for
the enforcement of immigration law, including, but not limited
to, the Social Security Administration, the Internal Revenue
Service, or an insurance company, of a discrepancy as it
relates to an employee's individual taxpayer identification
number or other identifying documents, the following rights
and protections are granted to the employee:
(1) The employer shall not take any adverse action
against the employee solely based on the receipt of the
notification.
(2) The employer shall provide a notice to the
employee and to the employee's authorized representative,
if any, as soon as practicable, but not more than 5
business days after the date of receipt of the

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notification or after the employer makes the determination
that an employee must respond to the notification in any
manner, whichever is longer, unless a shorter timeline is
provided for under federal law or a collective bargaining
agreement. 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
notification. The notice to the employee shall include,
but shall not be limited to: (i) an explanation that the
federal agency or outside vendor not responsible for the
enforcement of immigration law has notified the employer
that the identification documents presented by the
employee do not appear to match; (ii) the time period the
employee has to contest the disputed information, if such
a time period is required by federal law; and (iii) any
action the employer is requiring the employee to take.
(3) The employee may have a representative of the
employee's choosing in any meetings, discussions, or
proceedings with the employer.
(b) This Section applies to public and private employers.

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(820 ILCS 55/15) (from Ch. 48, par. 2865)
Sec. 15. Administration and enforcement by the Department
and Attorney General.
(a) It shall be the duty of the Department to enforce the
provisions of this Act when, in the Department's judgment,
there is cause and sufficient resources for investigation. The
Department shall have the power to conduct investigations in
connection with the administration and enforcement of this
Act, and any investigator with the Department shall be
authorized to visit and inspect, at all reasonable times, any
places covered by this Act and shall be authorized to inspect,
at all reasonable times, records of the employer or
prospective employer related to its employees or prospective
employees and related to its activities under and in
compliance with this Act. The Department shall have the
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 conduct hearings
in accordance with the Illinois Administrative Procedure Act
upon written complaint by an investigator of the Department.
After the hearing, if supported by the evidence, the
Department may (i) issue and cause to be served on any party an
order to cease and desist from further violation of the Act,
(ii) take affirmative or other action as deemed reasonable to
eliminate the effect of the violation, and (iii) determine the
amount of any civil penalty allowed by the Act. The Director of

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Labor or his or her representative may compel, by subpoena,
the attendance and testimony of witnesses and the production
of books, payrolls, records, papers, and other evidence in any
investigation or hearing and may administer oaths to witnesses
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.
(a-5) If the Attorney General has reasonable cause to
believe that any person or entity has engaged in a practice
prohibited by this Act, the Attorney General may, pursuant to
the authority conferred by Section 6.3 of the Attorney General
Act, initiate or intervene in a civil action in the name of the
People of the State in any appropriate court to obtain
appropriate relief.
(b) If an employee or applicant for employment alleges
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 pursuant
to its authority under subsection (a) 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

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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) (Blank). 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.
(d) (Blank). 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

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12(c) or Section 12(c-2) of this Act, $500 per affected
employee plus costs, reasonable attorney's 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) (Blank). 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,
or to the Director of Labor or his authorized representative,
or because that employee or applicant for employment has
caused to be instituted or is about to cause to be instituted
any proceeding under or related to this Act, or because that
employee or applicant for employment has testified or is about
to testify in an investigation or proceeding under this Act,
is guilty of a petty offense.
(g) No employer or prospective employer shall be subject
to concurrent or duplicative enforcement actions under this

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Act based on the same set of facts or alleged violations
involving the same individual or individuals. Upon the
initiation of any action under this Act, any other action
arising from the same set of facts or alleged violations and
involving the same individual or individuals shall be barred.
For the purposes of this Section, an action is deemed to be
initiated upon the filing of a complaint in circuit court.
(Source: P.A. 103-879, eff. 1-1-25.)
(820 ILCS 55/16 new)
Sec. 16. Action for civil penalties brought by an
interested party.
(a) As used in this Section, "interested party" means a
not-for-profit corporation, as defined by the General Not For
Profit Corporation Act of 1986, or a labor organization, as
defined by 29 U.S.C. 152(5), that monitors or is attentive to
compliance with worker safety and privacy laws, wage and hour
requirements, or other statutory requirements.
(b) Upon a reasonable belief that an employer or
prospective employer covered by this Act is in violation of
any part of this Act, an interested party may bring a civil
action in the county where the alleged offenses occurred or
where any party to the action resides, in the name of the State
or for the benefit of any impacted employees or prospective
employees.
(1) No later than 30 days after filing an action, the

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interested party shall serve upon the State through the
Attorney General a copy of the complaint and written
disclosure of substantially all material evidence and
information the interested party possesses.
(2) The State may elect to intervene and proceed with
the action no later than 60 days after it receives both the
complaint and the material evidence and information. The
State may, for good cause shown, move the court for an
extension of the time to intervene and proceed with the
action.
(3) Before the expiration of the 60-day period or any
extensions under paragraph (2), the State shall:
(A) proceed with the action, in which case the
action shall be conducted by the State; or
(B) notify the court that it declines to take the
action, in which case the interested party bringing
the action shall have the right to conduct the action.
(4) When the State conducts the action, the interested
party shall have the right to continue as a party to the
action subject to the following limitations:
(A) the State may dismiss the action
notwithstanding the objections of the interested party
initiating the action if the interested party has been
notified by the State of the filing of the motion and
the court has provided the interested party with an
opportunity for a hearing on the motion; and

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(B) the State may settle the action with the
defendant notwithstanding the objections of the person
initiating the action if the court determines, after a
hearing, that the proposed settlement is fair,
adequate, and reasonable under all the circumstances.
(5) If an interested party brings an action under this
Section, no person other than the State may intervene or
bring a related action on behalf of the State based on the
facts underlying the pending action. An interested party
may bring the action subject to the following limitations:
(A) the State may dismiss the action
notwithstanding the objections of the interested party
initiating the action if the interested party has been
notified by the State of the filing of the motion and
the court has provided the interested party with an
opportunity for a hearing on the motion; and
(B) the State may settle the action with the
defendant notwithstanding the objections of the person
initiating the action if the court determines, after a
hearing, that the proposed settlement is fair,
adequate, and reasonable under all the circumstances.
(6) An action brought in court by an interested party
under this Section may be dismissed if the court and the
Attorney General give written consent to the dismissal and
their reasons for consenting.
(c) Any claim or action filed by an interested party under

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this Section shall be made no later than 3 years after the
alleged conduct resulting in the complaint, plus any period
for which the limitations period has been tolled.
(d) In an action brought by an interested party under this
Section, an interested party may recover against the covered
entity any statutory penalties set forth in Section 17,
injunctive relief, and any other relief available to the
Department. An interested party who prevails in a civil action
shall receive 10% of any statutory penalties assessed, plus
any attorney's fees and costs. The remaining 90% of any
statutory penalties assessed shall be deposited into the Child
Labor and Day and Temporary Labor Services Enforcement Fund
and shall be used for the purposes set forth in Section 75 of
the Child Labor Law of 2024.
(820 ILCS 55/17 new)
Sec. 17. Private right of action.
(a) A person aggrieved by a violation of this Act or any
rule adopted under this Act by an employer or prospective
employer may file suit in circuit court of Illinois, in the
county where the alleged offense occurred, where the employee
or prospective employee who is party to the action resides, or
where the employer or prospective employer which is party to
the action is located, without regard to exhaustion of any
alternative administrative remedies provided in this Act.
Actions may be brought by one or more affected employees or

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prospective employees for and on behalf of themselves and
employees or prospective employees similarly situated. An
employee or prospective employee may recover for a violation
of the Act under this Section or under Section 15 or 16 at the
employee or prospective employee's option, but not under more
than one Section. An employee or prospective employee whose
rights have been violated under this Act by an employer or
prospective employer is entitled to collect under this
Section:
(1) in the case of a violation of this Act or any rule
adopted under this Act as it relates to the employee or
prospective employee, a civil penalty of not less than
$100 and not more than $1,000 for each violation found by a
court;
(2) in the case of a violation of this Act or any rule
adopted under this Act as it relates to denial or loss of
employment for the employee or prospective employee, all
relief necessary to make the employee whole, including,
but not limited to, the following:
(A) reinstatement with the same seniority status
that the employee would have had but for the
violation, as appropriate;
(B) back pay, with interest, as appropriate; and
(C) a civil penalty of $10,000; and
(3) compensation for any damages sustained as a result
of the violation, including litigation costs, expert

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witness fees, and reasonable attorney's fees.
(b) The right of an aggrieved person to bring an action
under this Section terminates upon the passing of 3 years
after the date of the violation. This limitations period is
tolled if an employer or prospective employer has failed to
provide an employee or prospective employee information
required under this Act or has deterred an employee or
prospective employee from the exercise of rights under this
Act.
(820 ILCS 55/18 new)
Sec. 18. Penalties.
(a) An employer or prospective employer that violates any
of the provisions of this Act or any rule adopted under this
Act shall be subject to a civil penalty of not less than $100
and not more than $1,000 for each violation of his Act found by
the Department or determined by a court in a civil action
brought by the Department or by an interested party, as
defined in subsection (a) of Section 16, or determined by a
court in a civil action brought by the Attorney General
pursuant to its authority under Section 6.3 of the Attorney
General Act. An employer or prospective employer that commits
a second or subsequent violation of the same provisions or
this Act or any rule adopted under this Act within a 3-year
period shall be subject to a civil penalty of not less than
$1,000 and not more than $5,000 for each violation of this Act

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found by the Department or determined by a court in a civil
action brought by the Department or by an interested party, as
defined in subsection (a) of Section 16, or determined by a
court in a civil action brought by the Attorney General
pursuant to its authority under Section 6.3 of the Attorney
General Act. For purposes of this subsection, each violation
of this Act or any rule adopted under this Act shall constitute
a separate and distinct violation.
(b) In determining the amount of a penalty, the Director
or circuit court shall consider (i) the appropriateness of the
penalty to the size of the business of the employer charged and
(ii) the gravity of the violation.
(c) The Department shall adopt rules for violation
hearings and penalties for violations of this Act or the
Department's rules in conjunction with the penalties set forth
in this Act. Any administrative determination by the
Department as to the amount of each penalty shall be final
unless reviewed as provided in Section 19.
(820 ILCS 55/19 new)
Sec. 19. Review under the Administrative Review Law. Any
party to a proceeding under this Act may apply for and obtain
judicial review of an order of the Department entered under
this Act in accordance with the provisions of the
Administrative Review Law, and the Department, in proceedings
under this Act, may obtain an order from the court for the

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enforcement of its order.
(820 ILCS 55/20)
Sec. 20. Dismissal of complaint. The Director or any court
of competent jurisdiction shall summarily dismiss any
complaint alleging a violation of Section 5 of this Act which
states as the sole cause of the complaint that the employer
offered a health, disability, or life insurance policy that
makes a distinction between employees for the type of coverage
or the price of coverage based upon the employees' use of
lawful products.
(Source: P.A. 87-807.)
(820 ILCS 55/25 new)
Sec. 25. Voluntary compliance and safe harbor. No
penalties shall be imposed for violations of Section 14 if the
employer or prospective employer:
(1) acts in good faith reliance on guidance issued by
the Illinois Department of Labor or the federal Department
of Homeland Security; or
(2) makes a bona fide administrative error that does
not affect an employee or prospective employee's
employment or pay.
(820 ILCS 55/12 rep.)
(820 ILCS 55/13 rep.)

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Section 10. The Right to Privacy in the Workplace Act is
amended by repealing Sections 12 and 13.
Section 15. The Child Labor Law of 2024 is amended by
changing Section 75 as follows:
(820 ILCS 206/75)
Sec. 75. Civil penalties.
(a) Any person employing, allowing, or permitting a minor
to work who violates any of the provisions of this Act or any
rule adopted under the Act shall be subject to civil penalties
as follows:
(1) if a minor dies while working for an employer who
is found by the Department to have been employing,
allowing, or permitting the minor to work in violation of
this Act, the employer is subject to a penalty not to
exceed $60,000, payable to the Department;
(2) if a minor receives an illness or an injury that is
required to be reported to the Department under Section 35
while working for an employer who is found by the
Department to have been employing, allowing, or permitting
the minor to work in violation of this Act, the employer is
subject to a penalty not to exceed $30,000, payable to the
Department;
(3) an employer who employs, allows, or permits a
minor to work in violation of Section 40 shall be subject

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to a penalty not to exceed $15,000, payable to the
Department;
(4) an employer who fails to post or provide the
required notice under subsection (g) of Section 35 shall
be subject to a penalty not to exceed $500, payable to the
Department; and
(5) an employer who commits any other violation of
this Act shall be subject to a penalty not to exceed
$10,000, payable to the Department.
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.
Each day during which any violation of this Act continues
shall constitute a separate and distinct offense, and the
employment of any minor in violation of the Act shall, with
respect to each minor so employed, constitute a separate and
distinct offense.
(b) Any administrative determination by the Department of
the amount of each penalty shall be final unless reviewed as
provided in Section 70.
(c) The amount of the penalty, when finally determined,
may be recovered in a civil action brought by the Director in
any circuit court, in which litigation the Director shall be
represented by the Attorney General. In an action brought by
the Department, the Department may request, and the Court may

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impose on a defendant employer, an additional civil penalty of
up to an amount equal to the penalties assessed by the
Department to be distributed to an impacted minor. In an
action concerning multiple minors, any such penalty imposed by
the Court shall be distributed equally among the minors
employed in violation of this Act by the defendant employer.
(d) Penalties recovered under this Section shall be paid
by certified check, money order, or by an electronic payment
system designated by the Department, and deposited into the
Child Labor and Day and Temporary Labor Services Enforcement
Fund, a special fund in the State treasury. Moneys in the Fund
shall be used, subject to appropriation, for exemplary
programs, demonstration projects, and other activities or
purposes related to the enforcement of this Act or for the
activities or purposes related to the enforcement of the Day
and Temporary Labor Services Act, the Private Employment
Agency Act, or the Right to Privacy in the Workplace Act or for
the activities or purposes related to the enforcement of the
Private Employment Agency Act.
(Source: P.A. 103-721, eff. 1-1-25.)
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect upon
becoming law.