820 ILCS 55/13

(820 ILCS 55/13)

(This Section may contain text from a Public Act with a delayed effective date)

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 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, 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 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 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:

(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 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.

(Source: P.A. 103-879, eff. 1-1-25.)