Full Text of SB1878 095th General Assembly
SB1878eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Right to Privacy in the Workplace Act is | 5 |
| amended by changing Sections 12 and 15 as follows: | 6 |
| (820 ILCS 55/12) | 7 |
| Sec. 12. Use Restrictions on use of Employment Eligibility | 8 |
| Verification Systems. | 9 |
| (a) Until such time as any Employment Eligibility | 10 |
| Verification System, including the E-Verify
program and the | 11 |
| Basic Pilot program, as authorized by 8 U.S.C. 1324a, Notes, | 12 |
| Pilot
Programs for Employment Eligibility Confirmation | 13 |
| (enacted by P.L. 104-208, div. C, title IV,
subtitle A), is | 14 |
| able to automatically verify the work authorization status of | 15 |
| 99% of employees: | 16 |
| (1) employers are discouraged from participating in | 17 |
| any Employment Eligibility
Verification System, unless | 18 |
| otherwise required by federal law; and | 19 |
| (2) the State of Illinois shall not participate in any | 20 |
| Employment Eligibility
Verification System, unless | 21 |
| otherwise required by federal law. Employers are | 22 |
| prohibited from enrolling in any Employment Eligibility | 23 |
| Verification System, including the Basic Pilot program, as |
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| authorized by 8 U.S.C. 1324a, Notes, Pilot Programs for | 2 |
| Employment Eligibility Confirmation (enacted by PL | 3 |
| 104-208, div. C, title IV, subtitle A), until the Social | 4 |
| Security Administration (SSA) and Department of Homeland | 5 |
| Security (DHS) databases are able to make a determination | 6 |
| on 99% of the tentative nonconfirmation notices issued to | 7 |
| employers within 3 days, unless otherwise required by | 8 |
| federal law. | 9 |
| (b) Upon initial enrollment in an
Employment Eligibility | 10 |
| Verification System or within 30 days after the effective date | 11 |
| of this amendatory Act of the 95th General Assembly, an | 12 |
| employer enrolled in an Employment Eligibility Verification | 13 |
| System must attest, Subject to subsection (a) of this Section, | 14 |
| an employer who enrolls in the Basic Pilot program is | 15 |
| prohibited from the Employment Eligibility Verification | 16 |
| Systems, to confirm the employment authorization of new hires | 17 |
| unless the employer attests, under penalty of perjury, on a | 18 |
| form prescribed by the Department of Labor: | 19 |
| (1) that the employer has received the Basic Pilot or | 20 |
| E-Verify training materials from the Department of | 21 |
| Homeland Security (DHS) DHS , and that all employees | 22 |
| personnel who will administer the program have completed | 23 |
| the Basic Pilot or E-Verify Computer Based Tutorial (CBT); | 24 |
| and | 25 |
| (2) that the employer has posted the notice from DHS | 26 |
| indicating that the employer is enrolled in the Basic Pilot |
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| or E-Verify program and , the anti-discrimination notice | 2 |
| issued by the Office of Special Counsel for | 3 |
| Immigration-Related Unfair Employment Practices (OSC), | 4 |
| Civil Rights Division, U.S. Department of Justice in a
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| prominent place that is clearly visible to prospective | 6 |
| employees , and the anti-discrimination notice issued by | 7 |
| the Illinois Department of Human Rights (IDHR) . | 8 |
| The employer must maintain the signed original of the | 9 |
| attestation form prescribed by the Department, as well as | 10 |
| copies of all CBT certificates of completion, and make them | 11 |
| available for inspection or copying by the Department at any | 12 |
| reasonable time. | 13 |
| (c) It is
a violation of this Act for an employer enrolled | 14 |
| in an Employment Eligibility Verification
System: | 15 |
| Responsibilities of employer using Employment Eligibility | 16 |
| Verification Systems. | 17 |
| (1) to fail to The employer shall display the notices | 18 |
| supplied by DHS and , OSC , and IDHR in a prominent place | 19 |
| that is clearly visible to prospective employees ; . | 20 |
| (2) to allow an employee to use an Employment
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| Eligibility Verification System prior to having completed | 22 |
| the CBT; The employer shall require that all employer | 23 |
| representatives performing employment verification queries | 24 |
| complete the CBT. The employer shall attest, under penalty | 25 |
| of perjury, on a form prescribed by the Department of | 26 |
| Labor, that the employer representatives completed the |
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| CBT. | 2 |
| (3) to fail to The employer shall become familiar with | 3 |
| and comply with the Basic Pilot Manual. | 4 |
| (4) The employer shall notify all prospective | 5 |
| employees at the time of application that such employment | 6 |
| verification system may be used for immigration | 7 |
| enforcement purposes. | 8 |
| (5) The employer shall provide all employees who | 9 |
| receive a tentative nonconfirmation with a referral letter | 10 |
| and contact information for what agency the employee must | 11 |
| contact to resolve the discrepancy. | 12 |
| (6) The employer shall comply with the Illinois Human | 13 |
| Rights Act and any applicable federal anti-discrimination | 14 |
| laws. | 15 |
| (7) The employer shall use the information it receives | 16 |
| from SSA or DHS only to confirm the employment eligibility | 17 |
| of newly-hired employees after completion of the Form I-9. | 18 |
| The employer shall safeguard the this information | 19 |
| contained in the Employment
Eligibility Verification | 20 |
| System , and the means of access to the System it (such as | 21 |
| passwords and other privacy protections) . An employer | 22 |
| shall , to ensure that the System it is not used for any | 23 |
| other purpose other than employment verification of | 24 |
| newly-hired employees and shall ensure as necessary to | 25 |
| protect its confidentiality, including ensuring that the | 26 |
| information contained in the
System and the means of access |
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| to the System are it is not disseminated to any person | 2 |
| other than employees of the employer who need such | 3 |
| information and access it to perform the employer's | 4 |
| employment verification responsibilities. All claims that | 5 |
| an employer refused to hire, segregated,
or acted with | 6 |
| respect to recruitment, hiring, promotion, renewal of | 7 |
| employment, selection for
training or apprenticeship, | 8 |
| discharge, discipline, tenure or terms, privileges, or | 9 |
| conditions of
employment without following the procedures | 10 |
| under the Basic Pilot or E-Verify program shall be
brought | 11 |
| under paragraph (G)(2) of Section 2-102 of the Illinois | 12 |
| Human Rights Act. | 13 |
| (d) Preemption. No unit of local government, including a | 14 |
| home rule unit, may require any employer to use an Employment | 15 |
| Eligibility Verification System, including under the following | 16 |
| circumstances: | 17 |
| (1) as a condition of receiving a government contract; | 18 |
| (2) as a condition of receiving a business license; or | 19 |
| (3) as penalty for violating licensing or other similar | 20 |
| laws. | 21 |
| This subsection (d)
is a denial and limitation of home rule | 22 |
| powers and functions under subsection (h) of Section 6 of | 23 |
| Article VII of the Illinois Constitution.
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| (Source: P.A. 95-138, eff. 1-1-08.)
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| (820 ILCS 55/15) (from Ch. 48, par. 2865)
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| Sec. 15. Administration and enforcement.
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| (a) The Director of Labor or his authorized representative | 3 |
| shall
administer and enforce the provisions of this Act. The | 4 |
| Director of Labor
may issue rules and regulations necessary to | 5 |
| administer and enforce the
provisions of this Act.
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| (b) If an employee or applicant for employment alleges that | 7 |
| he or she
has been denied his or her rights under this Act, he | 8 |
| or she may file a
complaint with the Department of Labor. The | 9 |
| Department shall investigate
the complaint and shall have | 10 |
| authority to request the issuance of a search
warrant or | 11 |
| subpoena to inspect the files of the employer or prospective
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| employer, if necessary. The Department shall attempt to resolve | 13 |
| the
complaint by conference, conciliation, or persuasion. If | 14 |
| the complaint is
not so resolved and the Department finds the | 15 |
| employer or prospective
employer has violated the Act, the | 16 |
| Department may commence an action in the
circuit court to | 17 |
| enforce the provisions of this Act including an action to
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| compel compliance. The circuit court for the county in which | 19 |
| the
complainant resides or in which the complainant is employed | 20 |
| shall have
jurisdiction in such actions.
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| (c) If an employer or prospective employer violates this | 22 |
| Act, an
employee or applicant for employment may commence an | 23 |
| action in the circuit
court to enforce the provisions of this | 24 |
| Act, including actions to compel
compliance, where efforts to | 25 |
| resolve the employee's or applicant for
employment's complaint | 26 |
| concerning the violation by conference, conciliation
or |
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| persuasion under subsection (b) have failed and the Department | 2 |
| has not
commenced an action in circuit court to redress the | 3 |
| violation. The circuit
court for the county in which the | 4 |
| complainant resides or in which the
complainant is employed | 5 |
| shall have jurisdiction in such actions.
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| (d) Failure to comply with an order of the court may be | 7 |
| punished as
contempt. In addition, the court shall award an | 8 |
| employee or applicant for
employment prevailing in an action | 9 |
| under this Act the following damages:
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| (1) Actual damages plus costs.
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| (2) For a willful and knowing violation of this Act, | 12 |
| $200 plus costs,
reasonable attorney's fees, and actual | 13 |
| damages.
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| (3) For a willful and knowing violation of Section | 15 |
| 12(c) of this Act, $500 per affected employee
plus costs, | 16 |
| reasonable attorney's fees, and actual damages. | 17 |
| (e) Any employer or prospective employer or his agent who | 18 |
| violates the
provisions of this Act is guilty of a petty | 19 |
| offense.
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| (f) Any employer or prospective employer, or the officer or | 21 |
| agent of any
employer or prospective employer, who discharges | 22 |
| or in any other manner
discriminates against any employee or | 23 |
| applicant for employment because that
employee or applicant for | 24 |
| employment has made a complaint to his employer,
or to the | 25 |
| Director or his authorized representative, or because that
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| employee or applicant for employment has caused to be |
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| instituted or is
about to cause to be instituted any proceeding | 2 |
| under or related to this
Act, or because that employee or | 3 |
| applicant for employment has testified or
is about to testify | 4 |
| in an investigation or proceeding under this Act, is
guilty of | 5 |
| a petty offense.
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| (Source: P.A. 87-807.)
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| Section 97. Severability. The provisions of this Act are | 8 |
| severable under Section 1.31 of the Statute on Statutes.
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
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