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Public Act 103-0879 Public Act 0879 103RD GENERAL ASSEMBLY | Public Act 103-0879 | SB0508 Enrolled | LRB103 02960 SPS 47966 b |
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| 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 12 and 15 and adding Section 13 as | follows: | (820 ILCS 55/12) | Sec. 12. Use of Employment Eligibility Verification | Systems. | (a) Prior to enrolling choosing to voluntarily enroll in | any Electronic Employment Verification System, including the | E-Verify program and the Basic Pilot program, as authorized by | 8 U.S.C. 1324a, Notes, Pilot Programs for Employment | Eligibility Confirmation (enacted by P.L. 104-208, div. C, | title IV, subtitle A), 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. Nothing in this Act shall be | construed to require an employer to enroll in any Electronic | Employment Verification System, including the E-Verify program | and the Basic Pilot program, as authorized by 8 U.S.C. 1324a, | Notes, Pilot Programs for Employment Eligibility Confirmation |
| (enacted by P.L. 104-208, div. C, title IV, subtitle A) beyond | those obligations that have been imposed upon them by federal | law. | (a-1) The Illinois Department of Labor (IDOL) shall post | on its website information or links to information from the | United States Government Accountability Office, Westat, or a | similar reliable source independent of the Department of | Homeland Security regarding: (1) the accuracy of the E-Verify | databases; (2) the approximate financial burden and | expenditure of time that use of E-Verify requires from | employers; and (3) an overview of an employer's | responsibilities under federal and state law relating to the | use of E-Verify. | (b) Upon initial enrollment in an Employment Eligibility | Verification System or within 30 days after the effective date | of this amendatory Act of the 96th General Assembly, an | employer enrolled in E-Verify or any other Employment | Eligibility Verification System must attest, under penalty of | perjury, on a form prescribed by the IDOL available on the IDOL | website: | (1) that the employer has received the Basic Pilot or | E-Verify training materials from the Department of | Homeland Security (DHS), and that all employees who will | administer the program have completed the Basic Pilot or | E-Verify Computer Based Tutorial (CBT); and | (2) that the employer has posted the notice from DHS |
| indicating that the employer is enrolled in the Basic | Pilot or E-Verify program and the anti-discrimination | notice issued by the Office of Special Counsel for | Immigration-Related Unfair Employment Practices (OSC), | Civil Rights Division, U.S. Department of Justice in a | prominent place that is clearly visible to both | prospective and current employees. The employer must | maintain the signed original of the attestation form | prescribed by the IDOL, as well as all CBT certificates of | completion and make them available for inspection or | copying by the IDOL at any reasonable time. | (c) It is a violation of this Act for an employer enrolled | in an Employment Eligibility Verification System, including | the E-Verify program and the Basic Pilot program: | (1) to fail to display the notices supplied by DHS and | OSC in a prominent place that is clearly visible to both | prospective and current employees; | (2) to allow any employee to use an Employment | Eligibility Verification System prior to having completed | CBT; | (3) to fail to take reasonable steps to prevent an | employee from circumventing the requirement to complete | the CBT by assuming another employee's E-Verify or Basic | Pilot user identification or password; | (4) to use the Employment Eligibility Verification | System to verify the employment eligibility of job |
| applicants prior to hiring or to otherwise use the | Employment Eligibility Verification System to screen | individuals prior to hiring and prior to the completion of | a Form I-9; | (5) to terminate an employee or take any other adverse | employment action against an individual prior to receiving | a final nonconfirmation notice from the Social Security | Administration or the Department of Homeland Security; | (6) to fail to notify an individual, in writing, of | the employer's receipt of a tentative nonconfirmation | notice, of the individual's right to contest the tentative | nonconfirmation notice, and of the contact information for | the relevant government agency or agencies that the | individual must contact to resolve the tentative | nonconfirmation notice; | (7) to fail to safeguard the information contained in | the Employment Eligibility Verification System, and the | means of access to the system (such as passwords and other | privacy protections). An employer shall ensure that the | System is not used for any purpose other than employment | verification of newly hired employees and shall ensure | that the information contained in the System and the means | of access to the System are not disseminated to any person | other than employees who need such information and access | to perform the employer's employment verification | responsibilities. |
| (c-1) Any claim that an employer refused to hire, | segregated, or acted with respect to recruitment, hiring, | promotion, renewal or employment, selection for training or | apprenticeship, discharge, discipline, tenure or terms, | privileges, or conditions of employment without following the | procedures of the Employment Eligibility Verification System, | including the Basic Pilot and E-Verify programs, may be | brought under paragraph (G)(2) of Section 2-102 of the | Illinois Human Rights Act. | (c-2) It is a violation of this Section for an individual | to falsely pose as an employer in order to enroll in an | Employment Eligibility Verification System or for an employer | to use an Employment Eligibility Verification System to access | information regarding an individual who is not an employee of | the employer. | (d) Preemption. Neither the State nor any of its political | subdivisions, nor any unit of local government, including a | home rule unit, may require any employer to use an Employment | Eligibility Verification System, including under the following | circumstances: | (1) as a condition of receiving a government contract; | (2) as a condition of receiving a business license; or | (3) as penalty for violating licensing or other | similar laws. | This subsection (d) is a denial and limitation of home | rule powers and functions under subsection (h) of Section 6 of |
| Article VII of the Illinois Constitution. | (Source: P.A. 95-138, eff. 1-1-08; 96-623, eff. 1-1-10; | 96-1000, eff. 7-2-10.) | (820 ILCS 55/13 new) | 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. | (820 ILCS 55/15) (from Ch. 48, par. 2865) | Sec. 15. Administration and enforcement. | (a) 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. | (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 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 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) 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) 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 | 12(c) or Section 12(c-2) of this Act, $500 per affected | employee plus costs, reasonable attorney's attorneys’ | 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) 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 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. | (Source: P.A. 96-623, eff. 1-1-10.) |
Effective Date: 1/1/2025
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