November 19, 2024
The Illinois Right to Privacy Act recently received a significant amendment that will take effect at the start of 2025. According to the Act, employers should prepare for new obligations beyond those mandated under federal regulations. More specifically, employers utilizing the federal government’s E-Verify system should prepare for changes in compliance expectations.
The Illinois Department of Labor (IDOL) recently published guidance for employers to clarify the expectations from the Illinois Right to Privacy Act amendments. Most notably, the guidance addressed employers’ confusion about using E-Verify. Until the publishing, many readers interpreted the amendments as prohibiting the use of E-Verify by private employers.
In addition to clarifying this crucial detail, the new guidance recommended that employers reference the IDOl website to familiarize themselves with E-Verify’s accuracy. They should also review their obligations under the law to ensure or prepare for changes to compliance requirements.
The guidance clarifying the Illinois Right to Privacy Act also explained how the Act prohibits employers from “pre-screening” potential employees when using E-Verify and other abusable tactics. Furthermore, the guidance requires employers to post notices from the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) and the Department of Homeland Security (DHS). They must display these notices in conspicuous locations for current and prospective employees.
Employers must attest to posting required notices, received training materials, and retained certificates of completion for all completed training within 30 days of the Illinois Right to Privacy Act’s effective date or initial enrollment with E-Verify. They must maintain these documents for future inspections.
The Illinois Right to Privacy Act also offers instructions for when inspections uncover a problem concerning specific employees. In such cases, an employer must send a written notice to the impacted employee and the employee’s representative (if applicable) within five business days. They may deliver this notice via mail or email. This notice must explain what the inspection revealed, a timeframe for the employee to contest the discovery, when to expect meetings to discuss the issue, and the employee’s right to representation.
This guidance also reminded employers that they must inform workers who received a tentative non-confirmation notice of their right to contest it. Other clarifications include:
- Assuring employees of their right to file complaints under the law,
- Prohibiting employers from taking adverse action against an employee or prospective employee who filed a complaint under the Illinois Right to Privacy Act,
- Ensuring that employers maintain the responsibility for safeguarding E-Verify information and
- Reminding involved parties that individuals must sign the E-Verify system on behalf of an employer to receive Computer-Based Training.
Disclaimer:
Information provided here is for educational and informational purposes only and should not constitute as legal advice. We recommend you contact your own legal counsel for any questions regarding your specific practices and compliance with applicable laws.