Earlier this year, Illinois Governor JB Pritzker signed Senate Bill 0508 into law, introducing new amendments to the Right to Privacy in the Workplace Act. Now, the state’s Department of Labor has published new FAQs regarding the Act and the amendments.
Importantly, the FAQs make clear that Illinois law does not prohibit any employer from using E-Verify (i.e., the electronic system that compares a worker’s Form I-9 information with government databases to verify employment eligibility). However, employers who use E-Verify must follow the requirements of the Right to Privacy in the Workplace Act.
According to the FAQs, employers should know the following:
In Illinois, the Right to Privacy in the Workplace Act stipulates that, as of January 1, 2025, prior to enrolling in the E-Verify System, employers are urged to consult the Illinois Department of Labor’s website for current information regarding the accuracy of the program.
Additionally, employers are encouraged to review and understand their legal responsibilities relating to the use of E-Verify. Furthermore, the Act prohibits the misuse of E-Verify and places certain training and recordkeeping requirements on employers.
Employers that participate in E-Verify must post the Right to Privacy in the Workplace/E-Verify poster, along with the E-Verify Participation poster provided by the federal government, in the workplace, and this poster produced by the United States Department of Justice. The posters must be displayed in both English and Spanish.
