Illinois has enacted Senate Bill 2339 to regulate employment practices related to worker authorization. The law applies to all employers statewide and takes effect immediately.
The legislation introduces changes to the Right to Privacy in the Workplace Act. Under the amended Act, if an employer receives a written notification from any federal agency or other outside vendor not responsible for the enforcement of immigration law (e.g., the SSA, IRS, or an insurance company) of a discrepancy as it relates to an employee’s individual taxpayer identification number or other identifying documents, the following rights and protections are granted to the employee:
- The employer may not take any adverse action against the employee solely based on the receipt of the notification.
- The employer must provide a notice to the employee and to the employee’s authorized representative, if any, as soon as practicable, but not more than five business days after the date of receipt of the notification or after the employer makes the determination that an employee must respond to the notification in any manner, whichever is longer.
- The employer must notify the employee in person and deliver the notification by hand, if possible.
- Upon request by the employee or the employee’s authorized representative, the employer must give the employee the original notification.
- The notice to the employee must include, but is not limited to:
- an explanation that the federal agency or outside vendor has notified the employer that the employee’s identification documents do not appear to match;
- the time period the employee must contest the disputed information; and
- any action the employer requires the employee to take.
- The employee may have a representative of the employee’s choosing in any meetings, discussions, or proceedings with the employer.
The amendment also gives “interested parties” (i.e., not-for-profit corporations and labor organizations) the ability to bring civil actions against employers in violation of the Act, in the name of the State or for the benefit of any impacted employees or prospective employees.