The Illinois Right to Privacy in the Workplace Act limits how employers may use E-Verify and bars mandates that exceed federal law, applying uniformly across all Illinois employers.
The Right to Privacy in the Workplace Act (820 ILCS 55) governs employer use of the federal E-Verify system in Illinois. Section 12 requires employers using E-Verify to attest to receiving training, post required notices, and protect employees from discriminatory enrollment use. Public Act 103-0879, effective January 1, 2025, further amended the Act to prohibit employers from imposing work-authorization verification duties beyond what federal law requires and from re-verifying current employees absent federal mandate. The Illinois Department of Labor enforces compliance, and aggrieved workers may file complaints or sue.
Violations carry civil penalties up to $1,000 for a first offense and $5,000 for repeat offenses per Section 55/12, plus damages, reinstatement, and reasonable attorney fees in private actions.
See how Fairview Heights's e-verify mandates rules stack up against other locations.
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