Illinois' New Right to Privacy in the Workplace Act Effective Jan. 1 Creates New I-9, E-Verify Obligations

Illinois Gov. J.B. Pritzker signed Public Act 103-0879, amending the Illinois Right to Privacy in the Workplace Act, late this summer. The act imposes new responsibilities on Illinois employers pertinent to E-Verify and workplace verification and also preempts local government requirements. It goes into effect Jan. 1, 2025.

Some of the act’s amendment provisions are:

• Preempting the state, its political subdivisions, or any unit of local government from requiring an employer to use E-Verify
• Establishing new training obligations for employers and their authorized agents when enrolling in E-Verify
• Establishing new procedures that employers enrolled in E-Verify must follow when receiving Tentative Non-Confirmations (TNCs) or no-match letters from agencies such as the Social Security Administration
• Specific procedures to comply with state law when an inspecting entity (such as U.S. Immigration and Customs Enforcement) conducts an I-9 audit

While public reporting described this legislation as an attempt by Illinois to bar the use of E-Verify unless required by federal law, the Illinois Department of Labor issued a fact sheet/FAQ clarifying that the act doesn’t restrict an employer’s ability to participate in E-Verify, but requires an employer to comply with the act’s requirements when doing so. 

Illinois’ amended act adds to a growing patchwork of state E-Verify laws, making compliance more challenging for U.S. employers operating across multiple states. Some states, such as Florida and Tennessee, mandate the use of E-Verify for most employers operating within the state. Others, such as Indiana, require certain employers to participate in E-Verify. The Illinois law, which goes into effect on Jan. 1, 2025, comes at a time when federal immigration enforcement is expected to increase upon President-elect Donald Trump’s January inauguration.

• RELATED TOPICS
• Immigration
• Illinois
• Compliance