Illinois General Assembly - Full Text of SB0508
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB0508  103rd General Assembly


Sen. Javier L. Cervantes

Filed: 11/6/2023





10300SB0508sam004LRB103 02960 SPS 65212 a


2    AMENDMENT NO. ______. Amend Senate Bill 508 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Right to Privacy in the Workplace Act is
5amended by changing Sections 12 and 15 and adding Section 13 as
7    (820 ILCS 55/12)
8    Sec. 12. Use of Employment Eligibility Verification
10    (a) Prior to enrolling choosing to voluntarily enroll in
11any Electronic Employment Verification System, including the
12E-Verify program and the Basic Pilot program, as authorized by
138 U.S.C. 1324a, Notes, Pilot Programs for Employment
14Eligibility Confirmation (enacted by P.L. 104-208, div. C,
15title IV, subtitle A), employers are urged to consult the
16Illinois Department of Labor's website for current information



10300SB0508sam004- 2 -LRB103 02960 SPS 65212 a

1on the accuracy of E-Verify and to review and understand an
2employer's legal responsibilities relating to the use of the
3voluntary E-Verify program. Nothing in this Act shall be
4construed to require an employer to enroll in any Electronic
5Employment Verification System, including the E-Verify program
6and the Basic Pilot program, as authorized by 8 U.S.C. 1324a,
7Notes, Pilot Programs for Employment Eligibility Confirmation
8(enacted by P.L. 104-208, div. C, title IV, subtitle A) beyond
9those obligations that have been imposed upon them by federal
11    (a-1) The Illinois Department of Labor (IDOL) shall post
12on its website information or links to information from the
13United States Government Accountability Office, Westat, or a
14similar reliable source independent of the Department of
15Homeland Security regarding: (1) the accuracy of the E-Verify
16databases; (2) the approximate financial burden and
17expenditure of time that use of E-Verify requires from
18employers; and (3) an overview of an employer's
19responsibilities under federal and state law relating to the
20use of E-Verify.
21    (b) Upon initial enrollment in an Employment Eligibility
22Verification System or within 30 days after the effective date
23of this amendatory Act of the 96th General Assembly, an
24employer enrolled in E-Verify or any other Employment
25Eligibility Verification System must attest, under penalty of
26perjury, on a form prescribed by the IDOL available on the IDOL



10300SB0508sam004- 3 -LRB103 02960 SPS 65212 a

2        (1) that the employer has received the Basic Pilot or
3    E-Verify training materials from the Department of
4    Homeland Security (DHS), and that all employees who will
5    administer the program have completed the Basic Pilot or
6    E-Verify Computer Based Tutorial (CBT); and
7        (2) that the employer has posted the notice from DHS
8    indicating that the employer is enrolled in the Basic
9    Pilot or E-Verify program and the anti-discrimination
10    notice issued by the Office of Special Counsel for
11    Immigration-Related Unfair Employment Practices (OSC),
12    Civil Rights Division, U.S. Department of Justice in a
13    prominent place that is clearly visible to both
14    prospective and current employees. The employer must
15    maintain the signed original of the attestation form
16    prescribed by the IDOL, as well as all CBT certificates of
17    completion and make them available for inspection or
18    copying by the IDOL at any reasonable time.
19    (c) It is a violation of this Act for an employer enrolled
20in an Employment Eligibility Verification System, including
21the E-Verify program and the Basic Pilot program:
22        (1) to fail to display the notices supplied by DHS and
23    OSC in a prominent place that is clearly visible to both
24    prospective and current employees;
25        (2) to allow any employee to use an Employment
26    Eligibility Verification System prior to having completed



10300SB0508sam004- 4 -LRB103 02960 SPS 65212 a

1    CBT;
2        (3) to fail to take reasonable steps to prevent an
3    employee from circumventing the requirement to complete
4    the CBT by assuming another employee's E-Verify or Basic
5    Pilot user identification or password;
6        (4) to use the Employment Eligibility Verification
7    System to verify the employment eligibility of job
8    applicants prior to hiring or to otherwise use the
9    Employment Eligibility Verification System to screen
10    individuals prior to hiring and prior to the completion of
11    a Form I-9;
12        (5) to terminate an employee or take any other adverse
13    employment action against an individual prior to receiving
14    a final nonconfirmation notice from the Social Security
15    Administration or the Department of Homeland Security;
16        (6) to fail to notify an individual, in writing, of
17    the employer's receipt of a tentative nonconfirmation
18    notice, of the individual's right to contest the tentative
19    nonconfirmation notice, and of the contact information for
20    the relevant government agency or agencies that the
21    individual must contact to resolve the tentative
22    nonconfirmation notice;
23        (7) to fail to safeguard the information contained in
24    the Employment Eligibility Verification System, and the
25    means of access to the system (such as passwords and other
26    privacy protections). An employer shall ensure that the



10300SB0508sam004- 5 -LRB103 02960 SPS 65212 a

1    System is not used for any purpose other than employment
2    verification of newly hired employees and shall ensure
3    that the information contained in the System and the means
4    of access to the System are not disseminated to any person
5    other than employees who need such information and access
6    to perform the employer's employment verification
7    responsibilities.
8    (c-1) Any claim that an employer refused to hire,
9segregated, or acted with respect to recruitment, hiring,
10promotion, renewal or employment, selection for training or
11apprenticeship, discharge, discipline, tenure or terms,
12privileges, or conditions of employment without following the
13procedures of the Employment Eligibility Verification System,
14including the Basic Pilot and E-Verify programs, may be
15brought under paragraph (G)(2) of Section 2-102 of the
16Illinois Human Rights Act.
17    (c-2) It is a violation of this Section for an individual
18to falsely pose as an employer in order to enroll in an
19Employment Eligibility Verification System or for an employer
20to use an Employment Eligibility Verification System to access
21information regarding an individual who is not an employee of
22the employer.
23    (d) Preemption. Neither the State nor any of its political
24subdivisions, nor any unit of local government, including a
25home rule unit, may require any employer to use an Employment
26Eligibility Verification System, including under the following



10300SB0508sam004- 6 -LRB103 02960 SPS 65212 a

2        (1) as a condition of receiving a government contract;
3        (2) as a condition of receiving a business license; or
4        (3) as penalty for violating licensing or other
5    similar laws.
6    This subsection (d) is a denial and limitation of home
7rule powers and functions under subsection (h) of Section 6 of
8Article VII of the Illinois Constitution.
9(Source: P.A. 95-138, eff. 1-1-08; 96-623, eff. 1-1-10;
1096-1000, eff. 7-2-10.)
11    (820 ILCS 55/13 new)
12    Sec. 13. Restrictions on the use of Employment Eligibility
13Verification Systems.
14    (a) As used in this Section:
15    "Employee's authorized representative" means an exclusive
16collective bargaining representative.
17    "Inspecting entity" means the U.S. Immigration and Customs
18Enforcement, United States Customs and Border Protection, or
19any other federal entity enforcing civil immigration
20violations of an employer's I-9 Employment Eligibility
21Verification forms.
22    (b) An employer shall not impose work authorization
23verification or re-verification requirements greater than
24those required by federal law.
25    (c) If an employer contends that there is a discrepancy in



10300SB0508sam004- 7 -LRB103 02960 SPS 65212 a

1an employee's employment verification information, the
2employer must provide the employee with:
3        (1) The specific document or documents, if made
4    available to the employer, that the employer deems to be
5    deficient and the reason why the document or documents are
6    deficient. Upon request by the employee or the employee's
7    authorized representative, the employer shall give to the
8    employee the original document forming the basis for the
9    employer's contention of deficiency within 7 business
10    days.
11        (2) Instructions on how the employee can correct the
12    alleged deficient documents if required to do so by law.
13        (3) An explanation of the employee's right to have
14    representation present during related meetings,
15    discussions, or proceedings with the employer, if allowed
16    by a memorandum of understanding concerning the federal
17    E-Verify system.
18        (4) An explanation of any other rights that the
19    employee may have in connection with the employer's
20    contention.
21    (d) When an employer receives notification from any
22federal or State agency, including, but not limited to, the
23Social Security Administration or the Internal Revenue
24Service, of a discrepancy as it relates to work authorization,
25the following rights and protections are granted to the



10300SB0508sam004- 8 -LRB103 02960 SPS 65212 a

1        (1) The employer must not take any adverse action
2    against the employee, including re-verification, based on
3    the receipt of the notification.
4        (2) The employer must provide a notice to the employee
5    and, if allowed by a memorandum of understanding
6    concerning the federal E-Verify system, to the employee's
7    authorized representative, if any, as soon as practicable,
8    but not more than 5 business days after the date of receipt
9    of the notification, unless a shorter timeline is provided
10    for under federal law or a collective bargaining
11    agreement. The notice to the employee shall include, but
12    not be limited to: (i) an explanation that the federal or
13    State agency has notified the employer that the employee's
14    work authorization documents presented by the employee do
15    not appear to be valid or reasonably relate to the
16    employee; and (ii) the time period the employee has to
17    contest the federal or State agency's determination. The
18    employer shall notify the employee in person and deliver
19    the notification by hand, if possible. If hand delivery is
20    not possible, then the employer shall notify the employee
21    by mail and email, if the email address of the employee is
22    known, and shall notify the employee's authorized
23    representative. Upon request by the employee or the
24    employee's authorized representative, the employer shall
25    give to the employee the original notice from the federal
26    or State agency, including, but not limited to, the Social



10300SB0508sam004- 9 -LRB103 02960 SPS 65212 a

1    Security Administration or the Internal Revenue Service,
2    within 7 business days.
3        (3) The employee may have a representative of the
4    employee's choosing in any meetings, discussions, or
5    proceedings with the employer.
6    (e) Except as otherwise required by federal law, an
7employer shall provide a notice to each current employee, by
8posting in English and in any language commonly used in the
9workplace, of any inspections of I-9 Employment Eligibility
10Verification forms or other employment records conducted by
11the inspecting entity within 72 hours after receiving notice
12of the inspection. Written notice shall also be given within
1372 hours to the employee's authorized representative, if any.
14The posted notice shall contain the following information:
15        (1) the name of the entity conducting the inspections
16    of I-9 Employment Eligibility Verification forms or other
17    employment records;
18        (2) the date that the employer received notice of the
19    inspection;
20        (3) the nature of the inspection to the extent known
21    by the employer; and
22        (4) a copy of the notice received by the employer.
23    An employer, upon reasonable request, shall provide an
24employee a copy of the Notice of Inspection of I-9 Employment
25Eligibility Verification forms.
26    (f) On or before 6 months after the effective date of this



10300SB0508sam004- 10 -LRB103 02960 SPS 65212 a

1amendatory Act of the 103rd General Assembly, the Department
2shall develop a template posting that employers may use to
3comply with the requirements of subsection (e) to inform
4employees of a notice of inspection to be conducted of I-9
5Employment Eligibility Verification forms or other employment
6records conducted by the inspecting entity. The Department
7shall make the template available on its website so that it is
8accessible to any employer.
9    (g) Except as otherwise required by federal law, if during
10an inspection of the employer's I-9 Employment Eligibility
11Verification forms by an inspecting entity, the inspecting
12entity makes a determination that the employee's work
13authorization documents do not establish that the employee is
14authorized to work in the United States and provide the
15employer with notice of that determination, the employer shall
16provide a written notice as set forth in this subsection to the
17employee within 5 business days, unless a shorter timeline is
18provided for under federal law or a collective bargaining
19agreement. The employer's notice to the employee shall relate
20to the employee only. The employer shall notify the employee
21in person and deliver the notification by hand, if possible.
22If hand delivery is not possible, then the employer shall
23notify the employee by mail and email, if the email address of
24the employee is known, and shall notify the employee's
25authorized representative. The employer's notice to the
26employee shall contain the following information:



10300SB0508sam004- 11 -LRB103 02960 SPS 65212 a

1        (1) an explanation that the inspecting entity has
2    determined that the employee's work authorization
3    documents presented by the employee do not appear to be
4    valid or reasonably relate to the employee;
5        (2) the time period for the employee to notify the
6    employer whether the employee is contesting or not
7    contesting the determination by the inspecting entity;
8        (3) if known by the employer, the time and date of any
9    meeting with the employer and employee or with the
10    inspecting entity and employee related to the correction
11    of the inspecting entity's determination that the
12    employee's work authorization documents presented by the
13    employee do not appear to be valid or reasonably relate to
14    the employee; and
15        (4) notice that the employee has the right to
16    representation during any meeting scheduled with the
17    employer and the inspecting entity.
18    If the employee contests the inspecting entity's
19determination, the employer will notify the employee within 72
20hours after receipt of any final determination by the
21inspecting entity related to the employee's work authorization
22status. Upon request by the employee or the employee's
23authorized representative, the employer shall give the
24employee the original notice from the inspecting entity within
257 business days.
26    (h) This Section does not require a penalty to be imposed



10300SB0508sam004- 12 -LRB103 02960 SPS 65212 a

1upon an employer or person who fails to provide notice to an
2employee at the express and specific direction or request of
3the federal government. In determining the amount of the
4penalty, the appropriateness of the penalty to the size of the
5business of the employer charged and the gravity of the
6violation shall be considered. The penalty may be recovered in
7a civil action brought by the Director in any circuit court.
8Upon request by the employee or the employee's authorized
9representative, the employer shall give the employee the
10original notice from the inspecting entity within 7 business
12    (i) This Section applies to public and private employers.
13    (j) Nothing in this Section shall be interpreted,
14construed, or applied to restrict or limit an employer's
15compliance with a memorandum of understanding concerning the
16use of the federal E-Verify system.
17    (820 ILCS 55/15)  (from Ch. 48, par. 2865)
18    Sec. 15. Administration and enforcement.
19    (a) The Director of Labor or his authorized representative
20shall administer and enforce the provisions of this Act. The
21Director of Labor may issue rules and regulations necessary to
22administer and enforce the provisions of this Act.
23    (b) If an employee or applicant for employment alleges
24that he or she has been denied his or her rights under this
25Act, he or she may file a complaint with the Department of



10300SB0508sam004- 13 -LRB103 02960 SPS 65212 a

1Labor. The Department shall investigate the complaint and
2shall have authority to request the issuance of a search
3warrant or subpoena to inspect the files of the employer or
4prospective employer, if necessary. The Department shall
5attempt to resolve the complaint by conference, conciliation,
6or persuasion. If the complaint is not so resolved and the
7Department finds the employer or prospective employer has
8violated the Act, the Department may commence an action in the
9circuit court to enforce the provisions of this Act including
10an action to compel compliance. The circuit court for the
11county in which the complainant resides or in which the
12complainant is employed shall have jurisdiction in such
14    (c) If an employer or prospective employer violates this
15Act, an employee or applicant for employment may commence an
16action in the circuit court to enforce the provisions of this
17Act, including actions to compel compliance, where efforts to
18resolve the employee's or applicant for employment's complaint
19concerning the violation by conference, conciliation or
20persuasion under subsection (b) have failed and the Department
21has not commenced an action in circuit court to redress the
22violation. The circuit court for the county in which the
23complainant resides or in which the complainant is employed
24shall have jurisdiction in such actions.
25    (d) Failure to comply with an order of the court may be
26punished as contempt. In addition, the court shall award an



10300SB0508sam004- 14 -LRB103 02960 SPS 65212 a

1employee or applicant for employment prevailing in an action
2under this Act the following damages:
3        (1) Actual damages plus costs.
4        (2) For a willful and knowing violation of this Act,
5    $200 plus costs, reasonable attorney's fees, and actual
6    damages.
7        (3) For a willful and knowing violation of Section
8    12(c) or Section 12(c-2) of this Act, $500 per affected
9    employee plus costs, reasonable attorney's attorneys’
10    fees, and actual damages.
11        (4) For a willful and knowing violation of Section 13,
12    a civil penalty of a minimum of $2,000 up to a maximum of
13    $5,000 for a first violation and a civil penalty of a
14    minimum of $5,000 up to a maximum of $10,000 for each
15    subsequent violation per affected employee plus costs,
16    reasonable attorney's fees, and actual damages.
17    (e) Any employer or prospective employer or his agent who
18violates the provisions of this Act is guilty of a petty
20    (f) Any employer or prospective employer, or the officer
21or agent of any employer or prospective employer, who
22discharges or in any other manner discriminates against any
23employee or applicant for employment because that employee or
24applicant for employment has made a complaint to his employer,
25or to the Director or his authorized representative, or
26because that employee or applicant for employment has caused



10300SB0508sam004- 15 -LRB103 02960 SPS 65212 a

1to be instituted or is about to cause to be instituted any
2proceeding under or related to this Act, or because that
3employee or applicant for employment has testified or is about
4to testify in an investigation or proceeding under this Act,
5is guilty of a petty offense.
6(Source: P.A. 96-623, eff. 1-1-10.)".