Full Text of SB1515 103rd General Assembly
SB1515eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Right to Privacy in the Workplace Act is | 5 | | amended by changing Section 12 and adding Section 13 as | 6 | | follows: | 7 | | (820 ILCS 55/12) | 8 | | Sec. 12. Use of Employment Eligibility Verification | 9 | | Systems. | 10 | | (a) Prior to enrolling choosing to voluntarily enroll in | 11 | | any Electronic Employment Verification
System, including the | 12 | | E-Verify program and the Basic Pilot program, as authorized by | 13 | | 8 U.S.C.
1324a, Notes, Pilot Programs for Employment | 14 | | Eligibility Confirmation (enacted by P.L. 104-208, div. C, | 15 | | title IV, subtitle A), employers are urged to consult the | 16 | | Illinois Department of Labor's website for current information | 17 | | on the accuracy of E-Verify and to review and understand an | 18 | | employer's legal responsibilities relating to the use of the | 19 | | voluntary E-Verify program. | 20 | | (a-1) The Illinois Department of Labor (IDOL) shall post | 21 | | on its website information or
links to information from the | 22 | | United States Government Accountability Office, Westat, or a | 23 | | similar
reliable source independent of the Department of |
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| 1 | | Homeland Security regarding: (1) the accuracy
of the E-Verify | 2 | | databases; (2) the approximate financial burden and | 3 | | expenditure of time that use
of E-Verify requires from | 4 | | employers; and (3) an overview of an employer's | 5 | | responsibilities under
federal and state law relating to the | 6 | | use of E-Verify. | 7 | | (b) Upon initial enrollment in an Employment Eligibility | 8 | | Verification System or within
30 days after the effective date | 9 | | of this amendatory Act of the 96th General Assembly, an
| 10 | | employer enrolled in E-Verify or any other Employment | 11 | | Eligibility Verification System must
attest, under penalty of | 12 | | perjury, on a form prescribed by the IDOL available on the IDOL | 13 | | website: | 14 | | (1) that the employer has received the Basic Pilot or | 15 | | E-Verify training materials from the Department of | 16 | | Homeland Security (DHS), and that all employees who will | 17 | | administer the program have completed the Basic Pilot or | 18 | | E-Verify Computer Based Tutorial (CBT); and | 19 | | (2) that the employer has posted the notice from DHS | 20 | | indicating that the employer is enrolled in the Basic | 21 | | Pilot or E-Verify program and the anti-discrimination | 22 | | notice issued by the Office of Special Counsel for | 23 | | Immigration-Related Unfair Employment Practices (OSC), | 24 | | Civil Rights Division, U.S. Department of Justice in a | 25 | | prominent place that is clearly visible to both | 26 | | prospective and current employees. The employer must |
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| 1 | | maintain the signed original of the attestation form | 2 | | prescribed by the IDOL, as well as all CBT certificates of | 3 | | completion and make them available for inspection or | 4 | | copying by the IDOL at any reasonable time. | 5 | | (c) It is a violation of this Act for an employer enrolled | 6 | | in an Employment Eligibility Verification System, including | 7 | | the E-Verify program and the Basic Pilot program: | 8 | | (1) to fail to display the notices supplied by DHS and | 9 | | OSC in a prominent place that is clearly visible to both | 10 | | prospective and current employees; | 11 | | (2) to allow any employee to use an Employment | 12 | | Eligibility Verification System prior to having completed | 13 | | CBT; | 14 | | (3) to fail to take reasonable steps to prevent an | 15 | | employee from circumventing the
requirement to complete | 16 | | the CBT by assuming another employee's E-Verify or Basic | 17 | | Pilot user
identification or password; | 18 | | (4) to use the Employment Eligibility Verification | 19 | | System to verify the
employment eligibility of job | 20 | | applicants prior to hiring or to otherwise use the | 21 | | Employment
Eligibility Verification System to screen | 22 | | individuals prior to hiring and prior to the completion of
| 23 | | a Form I-9; | 24 | | (5) to terminate an employee or take any other adverse | 25 | | employment action against
an individual prior to receiving | 26 | | a final nonconfirmation notice from the Social
Security |
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| 1 | | Administration or the Department of Homeland Security; | 2 | | (6) to fail to notify an individual, in writing, of | 3 | | the employer's
receipt of a tentative nonconfirmation | 4 | | notice, of the individual's right to contest the tentative
| 5 | | nonconfirmation notice, and of the contact information for | 6 | | the relevant government agency or
agencies that the | 7 | | individual must contact to resolve the tentative | 8 | | nonconfirmation notice; | 9 | | (7) to fail to safeguard the information contained in | 10 | | the Employment
Eligibility Verification System, and the | 11 | | means of access to the system (such as passwords and other | 12 | | privacy protections). An employer shall ensure that the | 13 | | System is not used for any purpose other than employment | 14 | | verification of newly hired employees and shall ensure | 15 | | that the information contained in the
System and the means | 16 | | of access to the System are not disseminated to any person | 17 | | other than employees who need such information and access | 18 | | to perform the employer's employment verification | 19 | | responsibilities. | 20 | | (c-1) Any claim that an employer refused to hire, | 21 | | segregated, or acted with respect to
recruitment, hiring, | 22 | | promotion, renewal or employment, selection for training or | 23 | | apprenticeship,
discharge, discipline, tenure or terms, | 24 | | privileges, or conditions of employment without following
the | 25 | | procedures of the Employment Eligibility Verification System, | 26 | | including the Basic Pilot and
E-Verify programs, may be |
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| 1 | | brought under paragraph (G)(2) of Section 2-102 of the | 2 | | Illinois
Human Rights Act. | 3 | | (c-2) It is a violation of this Section for an individual | 4 | | to falsely pose as an employer in
order to enroll in an | 5 | | Employment Eligibility Verification System or for an employer | 6 | | to use an
Employment Eligibility Verification System to access | 7 | | information regarding an individual who is
not an employee of | 8 | | the employer. | 9 | | (d) Preemption. Neither the State nor any of its political | 10 | | subdivisions, nor any unit of local government, including a | 11 | | home rule unit, may require any employer to use an Employment | 12 | | Eligibility Verification System, including under the following | 13 | | circumstances: | 14 | | (1) as a condition of receiving a government contract; | 15 | | (2) as a condition of receiving a business license; or | 16 | | (3) as penalty for violating licensing or other | 17 | | similar laws. | 18 | | This subsection (d)
is a denial and limitation of home | 19 | | rule powers and functions under subsection (h) of Section 6 of | 20 | | Article VII of the Illinois Constitution.
| 21 | | (Source: P.A. 95-138, eff. 1-1-08; 96-623, eff. 1-1-10; | 22 | | 96-1000, eff. 7-2-10.) | 23 | | (820 ILCS 55/13 new) | 24 | | Sec. 13. Restrictions on the use of Employment Eligibility | 25 | | Verification Systems. |
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| 1 | | (a) If an employer receives notification from the Social | 2 | | Security Administration of a discrepancy between an employee's | 3 | | name or social security number and the Social Security | 4 | | Administration's records, and the employer takes any adverse | 5 | | action against the employee, an employer must: | 6 | | (1) provide the employee with: | 7 | | (A) the specific document or documents that are | 8 | | deemed to be deficient and the reason why the document | 9 | | or documents are deemed to be deficient; | 10 | | (B) instructions on how the employee can correct | 11 | | the deficient documents; | 12 | | (C) an explanation of the employee's right to have | 13 | | representation present during the verification or | 14 | | re-verification process; and | 15 | | (D) an explanation of any other rights that the | 16 | | employee may have in connection with the verification | 17 | | or re-verification process; and | 18 | | (2) grant the employee no less than 30 days of unpaid | 19 | | leave to correct any verification discrepancy. If the | 20 | | unpaid leave period has expired and the employee can | 21 | | reasonably demonstrate an ability to remedy the | 22 | | discrepancy, the employer and employee may agree to extend | 23 | | the leave period for an additional 30 days. Only if no | 24 | | agreement is reached or the additional 30 day period has | 25 | | expired, can the employer terminate the employee's | 26 | | employment. |
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| 1 | | (b) When an employer receives notification from any | 2 | | federal or State agency, including, but not limited to, the | 3 | | Social Security Administration or Internal Revenue Service, of | 4 | | a discrepancy, the following rights and protections are | 5 | | granted to the employee: | 6 | | (1) to choose which work authorization documents to | 7 | | present to the employer during the verification or | 8 | | re-verification process; and | 9 | | (2) to choose to be represented by counsel or | 10 | | represent his of herself in any meetings, discussions, or | 11 | | proceedings with the employer. | 12 | | (c) If an employer receives notification from any federal | 13 | | or State agency, including, but not limited to, the Social | 14 | | Security Administration or the Internal Revenue Service, of a | 15 | | discrepancy and the discrepancy has been remedied, the | 16 | | employer must: | 17 | | (1) return the employee to his or her former position, | 18 | | without loss of seniority, compensation rate or salary, or | 19 | | benefits; and | 20 | | (2) not consider the discrepancy in future promotion | 21 | | decisions or continued employment considerations.
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