Illinois General Assembly - Bill Status for SB1133

Replaces everything after the enacting clause. Amends the Right to Privacy in the Workplace Act. Provides that prior to choosing to voluntarily enroll in any Electronic Employment Verification System, employers are urged to carefully consider: (1) that the E-Verify databases contain inaccurate information that prevents E-Verify from verifying the work authorization status of many individuals who are in fact eligible to work in the United States, including many United States citizens; (2) that employers who use E-Verify are legally obligated to expend time and resources to resolve situations where, due to errors in the E-Verify databases, E-Verify cannot verify the work authorization of employees who are in fact authorized to work in the United States; and (3) that employers who use E-Verify have specific legal responsibilities set forth by federal and State law that relate to the use of E-Verify and the treatment of employees, including the legal requirements set forth in the Act. Makes other changes.

Provides that 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 (rather than consider: (1) that the E-Verify databases contain inaccurate information that prevents E-Verify from verifying the work authorization status of many individuals who are in fact eligible to work in the United States, including many United States citizens; (2) that employers who use E-Verify are legally obligated to expend time and resources to resolve situations where, due to errors in the E-Verify databases, E-Verify cannot verify the work authorization of employees who are in fact authorized to work in the United States; and (3) that employers who use E-Verify have specific legal responsibilities set forth by federal and state law that relate to the use of E-Verify and the treatment of employees, including the legal requirements set forth in this Act. Provides that the employer must maintain the signed original of the attestation form prescribed by the Illinois Department of Labor, as well as all CBT certificates of completion and make them available for inspection or copying by the Illinois Department of Labor at any reasonable time. Deletes provision that an employee or applicant for employment may commence an action in circuit court for certain violations of the E-verify system. Provides that an employee or applicant for employment for certain E-verify violations award may be awarded 4500 per affected employee plus costs, reasonable attorney's fees, and actual damages only if the employer's conduct is willful and knowing.

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