Section 2960.100  Disclosure Of Information

 

a)         General labor market information obtained pursuant to the administration of the Illinois Employment Service, including but not limited to information concerning employment opportunities, employment levels and trends, and labor supply and demand, may be published and released to applicants registered for work by the Employment Service, to employing establishments, and to the public, provided that the publication or release does not include information identifiable to specific applicants or employing establishments.

 

b)         An applicant registered for work by the Employment Service, or an employing establishment, shall be supplied with information obtained pursuant to the administration of the Employment Service to the extent necessary for the proper and efficient performance of recruitment, placement, employment counseling and other functions of the Employment Service.

 

c)         A claimant for benefits, training allowance, or other payments under a State or federal law relating to a system of unemployment insurance, vocational training or trade readjustment allowances, or his or her duly authorized representative, shall be supplied with information from the files and records of the Employment Service to the extent necessary for the proper presentation of his or her claim or the determination of his or her present or prospective rights to the payments.

 

d)         Information obtained pursuant to the administration of the Employment Service shall be made available to:

 

1)         The United States Secretary of Labor, or other appropriate federal agency administering the Social Security Act (42 USC ch. 7), the Area Redevelopment Act, the Job Training Partnership Act, the Trade Expansion Act of 1962 (19 USC 1801 et seq.),  the Workforce Innovation and Opportunity Act (29 USC 3101 et seq.), any successor legislation to any of the foregoing or any other federal Act relating to the vocational training of unemployed or underemployed workers;

 

2)         The Railroad Retirement Board;

 

3)         The Internal Revenue Service of the United States Department of the Treasury; and

 

4)         The Department of Revenue of the State of Illinois.

 

e)         Information obtained pursuant to the administration of the Employment Service shall be furnished, if permitted under Section 1900 of the Unemployment Insurance Act (Act) [820 ILCS 405], to any public officer or public agency of this or any other State or the federal government dealing with the administration of a law in relation to:

 

1)         Relief or public assistance;

 

2)         Unemployment Insurance;

 

3)         A system of public employment offices;

 

4)         Fair employment practices;

 

5)         Wages and hours of employment;

 

6)         A program of public works;

 

7)         A pension or retirement system;

 

8)         Vocational rehabilitation.

 

f)         Information received pursuant to the administration of the Employment Service shall be furnished to:

 

1)         An official or officer of a public school, college or university, or a placement official of a private college or university, but only to the extent necessary for the efficient employment counseling, vocational guidance and placement of an applicant registered for work by the Employment Service;

 

2)         A private social or welfare agency, but only if the information has a direct bearing upon the vocational adjustment or employability of an applicant registered for work by the Employment Service, and only to the extent necessary for the proper and efficient discharge of the placement and counseling functions of the Employment Service.

 

(Source:  Amended at 43 Ill. Reg. 6583, effective May 14, 2019)

 

Section 2960.105  Disclosure of Information for Use in Employment, Training and Educational Programs Administered by State and Local Governmental Social Welfare Agencies

 

a)         For the purpose of implementing and administering employment, training, educational and social welfare programs, any agency of this State, as defined by Section 1-20 of the Illinois Administrative Procedure Act (IAPA) [5 ILCS 100] or any other state, any local government of this State, as defined by Section 3(a) of the State Mandates Act [30 ILCS 805], or any agency of the federal government, as defined by sections 551(1) and 552(f) of the federal Administrative Procedures Act (5 USC 551(1) and 552(f)) that trains, educates, grants funds for training or education, engages in research for educational or training purposes, places in employment, provides public assistance payments, provides social welfare services, or any other related service of the State shall be deemed to be a public agency of this or any other State or the federal government dealing with the administration of relief, public assistance, a system of public employment offices, as provided in Section 1900 of the Act.

 

b)         Pursuant to Section 1900 of the Act, the IDES Director shall provide those agencies and local entities, information from the files of the Department as the Director deems proper, based upon the written request (i.e., intended use and legal basis for that use, format or forms of data, and schedule for delivery of data) of the agency or entity, to provide outreach and recruitment, assist in intake, determine eligibility, monitor program outcome or evaluate the success of the various services delivered by their employment, training, educational or social welfare programs.

 

1)         EXAMPLE:  A State agency administers the federal employment and training funds received by Illinois under the federal Workforce Innovation and Opportunity Act .  These funds are subgranted to local workforce development areas that recruit, assess, train and place disadvantaged individuals in unsubsidized jobs.  In order to assist in performing these functions, the Director, upon written request, will provide the State agency with identifying information about individuals who qualify for the services that it and its subgrantees can provide.  The State agency can provide this information to its subgrantees subject to the execution of shared data agreements with the Department.

 

2)         EXAMPLE:  Public educational institutions and public training institutions might be in need of accurate data to help them determine the relative success of their educational and training programs.  Upon written request, the IDES Director shall provide to these institutions  data that are available to determine increases or decreases in individual wages, duration of employment, if and when the individual filed for unemployment insurance, or other educational or training related factors.

 

3)         EXAMPLE:  A State economic development agency seeks to attract new manufacturers to this State.  This agency requests current information on the number, size and type of major potential suppliers and subcontractors in a given geographical area.  Upon written request, the IDESDirector will provide the data to the agency.

 

4)         EXAMPLE:  The Illinois Department of Human Services- Division of Rehabilitation Services (DORS) is attempting to contact specific groups of potential employers for their newly trained clients.  Upon written request, the IDES Director can provide DORS with a mailing list of companies that are experiencing growth or whose records indicate other factors that might lead to the hiring of the DORS clients.  A similar outreach effort could be made on behalf of welfare recipients, ex-offenders, youth or the aging.

 

c)         General administrative data and labor market information, including but not limited to information concerning employment opportunities, levels and trends, labor supply and demand and related statistical data, shall be available to both private and public agencies and individuals.  Except as provided in subsections (a) and (b), this information shall not allow for the identification of a specific employing unit or individual.

 

d)         Unless statutorily excluded, the Director shall require payment of the costs incurred in providing the requested information if the Director incurs additional costs in processing the information that are greater than the cost of recovery and the Department does not receive some offsetting benefit (see example) from providing the data.

 

EXAMPLE:  A local government, upon written request, asks the Director to provide a mailing list of all unemployed individuals in its service area who might meet certain eligibility criteria for a training program it will sponsor.  Since those mailing lists are not regularly prepared by the Director, the Director may negotiate with the entity regarding the reimbursement of costs for preparing the list, or the Director may provide the list without charge if, for example, the local entity would agree to provide similar data and/or services in return.

 

(Source:  Amended at 43 Ill. Reg. 6583, effective May 14, 2019)

 

Section 2960.110  Disclosure of Information for Use by Governmental Agencies Participating in Public Works and Related Programs

 

a)         For the purposes of a governmental public works program, any State agency, as defined by Section 1-20 of the IAPA and/or federal agency, as defined by sections 551(1) and 552(f) of the federal Administrative Procedure Act or local government, as defined in Section 3(a) of the States Mandates Act  receiving public works funding shall be deemed to be a public agency of this or any other state, dealing with a public works program as provided in Section 1900 of the Act.

 

b)         Pursuant to Section 1900 of the Act, the Director shall provide the agencies and local entities, upon their written request (i.e., intended use and legal basis for that use, format or form of data, and schedule for delivery of data), the information the Director deems proper  based upon the written request for planning, development, administration, participation, operation, monitoring and evaluation of a public works or related program.

 

1)         EXAMPLE:  The Illinois Department of Transportation is attempting to determine where the growth of industry will occur in a region of the State and the nature of that industry for the purpose of road repair/construction and related infrastructure improvements.  This data will be incorporated into a community/county profile currently developed by a regional planning commission comprised of units of local government.  The commission will use the profile to enhance the area's image with potentially new and expanding businesses as well as its efforts to obtain federal public works funding.  Upon written request from either the commission or the Department of Transportation, the Director will provide information to chart the growth and decline of specific types of employers in the region including their migration from the urban central city to the suburban areas and the recently developed exurban communities.

 

2)         EXAMPLE:  A county housing authority is preparing a grant application for federal funds to rehabilitate existing low income housing and expand available housing through new construction in scattered sites. Upon written request from the authority, the Director will provide wage data for specific construction and other occupations to be used in preparing the grant application and also data on the available labor pool, the severity of unemployment and a profile of the unemployed in the area.

 

3)         EXAMPLE:  A State university has been placed under contract by a State legislative commission to evaluate whether or not major state infrastructure improvement legislation should be reauthorized and its appropriation maintained or decreased.  The university must be able to trace the impact of public works funding to increased numbers of jobs, business expansion and productivity and an overall trend toward higher paying and more skilled jobs.  Upon written request, the Director shall supply whatever data the Department might have that would assist the university in completing its analysis.

 

c)         General labor market information, including but not limited to information concerning employment opportunities, levels and trends, labor supply and demand as well as similar statistical data shall be available upon written request to both public and private participants involved in public works and related programs.  Except as provided in subsections (a) and (b), information and data shall not allow for the identification of a specific employing establishment or individual.

 

d)         Unless statutorily excluded, the Director shall require payment of costs incurred in providing the requested information if the Director incurs additional costs in processing the information that are greater than the cost of recovery and the Department does not receive some offsetting benefit (see the example in Section 2960.105(d)) from providing the data.

 

(Source:  Amended at 43 Ill. Reg. 6583, effective May 14, 2019)

 

Section 2960.115  Disclosure Of Identifying Information For Job Orders Posted On The Internet

 

a)         The Department shall provide an individual with identifying information regarding an employing establishment through an Internet-based labor exchange system if the employing establishment agrees that the information may be disclosed and if the information is obtained in the administration of the Employment Service and:

 

1)         the Department maintains the system, and the system indicates that the individual's qualifications match the requirements for filling a job opening with the employing establishment; or

 

2)         the system is maintained by an entity other than the Department, and the employing establishment has a job opening posted on the system.

 

b)         The Department shall provide an employing establishment with identifying information regarding an individual through an Internet-based labor exchange system if the individual agrees that the information may be disclosed and if the information is obtained in the administration of the Employment Service and:

 

1)         the Department maintains the system, and the system indicates that the individual's qualifications match the requirements for filling a job opening with the employing establishment; or

 

2)         the system is maintained by an entity other than the Department, and the individual is registered on the system.

 

(Source:  Added at 24 Ill. Reg. 15049, effective September 28, 2000)

 

Section 2960.120  Disclosure of Information to One-Stop Partners

 

The Department shall provide a one-stop partner under section 121 of the federal Workforce Innovation and Opportunity Act with information obtained in the administration of the Employment Service, to the extent the partner is providing services through a one-stop delivery system in Illinois or participating in the operation of such a system in Illinois.

 

(Source:  Amended at 43 Ill. Reg. 6583, effective May 14, 2019)