Sen. Javier L. Cervantes

Filed: 3/2/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 1515 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Right to Privacy in the Workplace Act is
5amended by changing Section 12 and adding Section 13 as
7    (820 ILCS 55/12)
8    Sec. 12. Use of Employment Eligibility Verification
10    (a) Prior to enrolling choosing to voluntarily enroll in
11any Electronic Employment Verification System, including the
12E-Verify program and the Basic Pilot program, as authorized by
138 U.S.C. 1324a, Notes, Pilot Programs for Employment
14Eligibility Confirmation (enacted by P.L. 104-208, div. C,
15title IV, subtitle A), employers are urged to consult the
16Illinois Department of Labor's website for current information



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1on the accuracy of E-Verify and to review and understand an
2employer's legal responsibilities relating to the use of the
3voluntary E-Verify program.
4    (a-1) The Illinois Department of Labor (IDOL) shall post
5on its website information or links to information from the
6United States Government Accountability Office, Westat, or a
7similar reliable source independent of the Department of
8Homeland Security regarding: (1) the accuracy of the E-Verify
9databases; (2) the approximate financial burden and
10expenditure of time that use of E-Verify requires from
11employers; and (3) an overview of an employer's
12responsibilities under federal and state law relating to the
13use of E-Verify.
14    (b) Upon initial enrollment in an Employment Eligibility
15Verification System or within 30 days after the effective date
16of this amendatory Act of the 96th General Assembly, an
17employer enrolled in E-Verify or any other Employment
18Eligibility Verification System must attest, under penalty of
19perjury, on a form prescribed by the IDOL available on the IDOL
21        (1) that the employer has received the Basic Pilot or
22    E-Verify training materials from the Department of
23    Homeland Security (DHS), and that all employees who will
24    administer the program have completed the Basic Pilot or
25    E-Verify Computer Based Tutorial (CBT); and
26        (2) that the employer has posted the notice from DHS



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1    indicating that the employer is enrolled in the Basic
2    Pilot or E-Verify program and the anti-discrimination
3    notice issued by the Office of Special Counsel for
4    Immigration-Related Unfair Employment Practices (OSC),
5    Civil Rights Division, U.S. Department of Justice in a
6    prominent place that is clearly visible to both
7    prospective and current employees. The employer must
8    maintain the signed original of the attestation form
9    prescribed by the IDOL, as well as all CBT certificates of
10    completion and make them available for inspection or
11    copying by the IDOL at any reasonable time.
12    (c) It is a violation of this Act for an employer enrolled
13in an Employment Eligibility Verification System, including
14the E-Verify program and the Basic Pilot program:
15        (1) to fail to display the notices supplied by DHS and
16    OSC in a prominent place that is clearly visible to both
17    prospective and current employees;
18        (2) to allow any employee to use an Employment
19    Eligibility Verification System prior to having completed
20    CBT;
21        (3) to fail to take reasonable steps to prevent an
22    employee from circumventing the requirement to complete
23    the CBT by assuming another employee's E-Verify or Basic
24    Pilot user identification or password;
25        (4) to use the Employment Eligibility Verification
26    System to verify the employment eligibility of job



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



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1    (c-1) Any claim that an employer refused to hire,
2segregated, or acted with respect to recruitment, hiring,
3promotion, renewal or employment, selection for training or
4apprenticeship, discharge, discipline, tenure or terms,
5privileges, or conditions of employment without following the
6procedures of the Employment Eligibility Verification System,
7including the Basic Pilot and E-Verify programs, may be
8brought under paragraph (G)(2) of Section 2-102 of the
9Illinois Human Rights Act.
10    (c-2) It is a violation of this Section for an individual
11to falsely pose as an employer in order to enroll in an
12Employment Eligibility Verification System or for an employer
13to use an Employment Eligibility Verification System to access
14information regarding an individual who is not an employee of
15the employer.
16    (d) Preemption. Neither the State nor any of its political
17subdivisions, nor any unit of local government, including a
18home rule unit, may require any employer to use an Employment
19Eligibility Verification System, including under the following
21        (1) as a condition of receiving a government contract;
22        (2) as a condition of receiving a business license; or
23        (3) as penalty for violating licensing or other
24    similar laws.
25    This subsection (d) is a denial and limitation of home
26rule powers and functions under subsection (h) of Section 6 of



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1Article VII of the Illinois Constitution.
2(Source: P.A. 95-138, eff. 1-1-08; 96-623, eff. 1-1-10;
396-1000, eff. 7-2-10.)
4    (820 ILCS 55/13 new)
5    Sec. 13. Restrictions on the use of Employment Eligibility
6Verification Systems.
7    (a) If an employer receives notification from the Social
8Security Administration of a discrepancy between an employee's
9name or social security number and the Social Security
10Administration's records, and the employer takes any adverse
11action against the employee, an employer must:
12        (1) provide the employee with:
13            (A) the specific document or documents that are
14        deemed to be deficient and the reason why the document
15        or documents are deemed to be deficient;
16            (B) instructions on how the employee can correct
17        the deficient documents;
18            (C) an explanation of the employee's right to have
19        representation present during the verification or
20        re-verification process; and
21            (D) an explanation of any other rights that the
22        employee may have in connection with the verification
23        or re-verification process; and
24        (2) grant the employee no less than 30 days of unpaid
25    leave to correct any verification discrepancy. If the



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1    unpaid leave period has expired and the employee can
2    reasonably demonstrate an ability to remedy the
3    discrepancy, the employer and employee may agree to extend
4    the leave period for an additional 30 days. Only if no
5    agreement is reached or the additional 30 day period has
6    expired, can the employer terminate the employee's
7    employment.
8    (b) When an employer receives notification from any
9federal or State agency, including, but limited to, the Social
10Security Administration or Internal Revenue Service, of a
11discrepancy, the following rights and protections are granted
12to the employee:
13        (1) to choose which work authorization documents to
14    present to the employer during the verification or
15    re-verification process; and
16        (2) to choose to be represented by counsel or
17    represent his of herself in any meetings, discussions, or
18    proceedings with the employer.
19    (c) If an employer receives notification from any federal
20or State agency, including, but not limited to, the Social
21Security Administration or the Internal Revenue Service, of a
22discrepancy and the discrepancy has been remedied, the
23employer must:
24        (1) return the employee to his or her former position,
25    without loss of seniority, compensation rate or salary, or
26    benefits; and



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1        (2) not consider the discrepancy in future promotion
2    decisions or continued employment considerations.".