State of Illinois
2011 and 2012


Introduced 2/9/2011, by Sen. Chris Lauzen


820 ILCS 55/12

    Amends the Right to Privacy in the Workplace Act. Requires employers to enroll in an Electronic Employment Verification System or the E-Verify program and the Basic Pilot program (rather than permitting an employer to voluntarily enroll).

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1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Right to Privacy in the Workplace Act is
5amended by changing Section 12 as follows:
6    (820 ILCS 55/12)
7    Sec. 12. Use of Employment Eligibility Verification
9    (a) Each employer shall enroll in an Prior to choosing to
10voluntarily enroll in any Electronic Employment Verification
11System or , including the E-Verify program and the Basic Pilot
12program, as authorized by 8 U.S.C. 1324a, Notes, Pilot Programs
13for Employment Eligibility Confirmation (enacted by P.L.
14104-208, div. C, title IV, subtitle A). Employers , employers
15are urged to consult the Illinois Department of Labor's website
16for current information on the accuracy of E-Verify and to
17review and understand an employer's legal responsibilities
18relating to the use of the voluntary E-Verify program.
19    (a-1) The Illinois Department of Labor (IDOL) shall post on
20its website information or links to information from the United
21States Government Accountability Office, Westat, or a similar
22reliable source independent of the Department of Homeland
23Security regarding: (1) the accuracy of the E-Verify databases;



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1(2) the approximate financial burden and expenditure of time
2that use of E-Verify requires from employers; and (3) an
3overview of an employer's responsibilities under federal and
4state law relating to the use of E-Verify.
5    (b) Upon initial enrollment in an Employment Eligibility
6Verification System or within 30 days after the effective date
7of this amendatory Act of the 96th General Assembly, an
8employer enrolled in E-Verify or any other Employment
9Eligibility Verification System must attest, under penalty of
10perjury, on a form prescribed by the IDOL available on the IDOL
12        (1) that the employer has received the Basic Pilot or
13    E-Verify training materials from the Department of
14    Homeland Security (DHS), and that all employees who will
15    administer the program have completed the Basic Pilot or
16    E-Verify Computer Based Tutorial (CBT); and
17        (2) that the employer has posted the notice from DHS
18    indicating that the employer is enrolled in the Basic Pilot
19    or E-Verify program and the anti-discrimination notice
20    issued by the Office of Special Counsel for
21    Immigration-Related Unfair Employment Practices (OSC),
22    Civil Rights Division, U.S. Department of Justice in a
23    prominent place that is clearly visible to both prospective
24    and current employees. The employer must maintain the
25    signed original of the attestation form prescribed by the
26    IDOL, as well as all CBT certificates of completion and



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1    make them available for inspection or copying by the IDOL
2    at any reasonable time.
3    (c) It is a violation of this Act for an employer enrolled
4in an Employment Eligibility Verification System, including
5the E-Verify program and the Basic Pilot program:
6        (1) to fail to display the notices supplied by DHS and
7    OSC in a prominent place that is clearly visible to both
8    prospective and current employees;
9        (2) to allow any employee to use an Employment
10    Eligibility Verification System prior to having completed
11    CBT;
12        (3) to fail to take reasonable steps to prevent an
13    employee from circumventing the requirement to complete
14    the CBT by assuming another employee's E-Verify or Basic
15    Pilot user identification or password;
16        (4) to use the Employment Eligibility Verification
17    System to verify the employment eligibility of job
18    applicants prior to hiring or to otherwise use the
19    Employment Eligibility Verification System to screen
20    individuals prior to hiring and prior to the completion of
21    a Form I-9;
22        (5) to terminate an employee or take any other adverse
23    employment action against an individual prior to receiving
24    a final nonconfirmation notice from the Social Security
25    Administration or the Department of Homeland Security;
26        (6) to fail to notify an individual, in writing, of the



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1    employer's receipt of a tentative nonconfirmation notice,
2    of the individual's right to contest the tentative
3    nonconfirmation notice, and of the contact information for
4    the relevant government agency or agencies that the
5    individual must contact to resolve the tentative
6    nonconfirmation notice;
7        (7) to fail to safeguard the information contained in
8    the Employment Eligibility Verification System, and the
9    means of access to the system (such as passwords and other
10    privacy protections). An employer shall ensure that the
11    System is not used for any purpose other than employment
12    verification of newly hired employees and shall ensure that
13    the information contained in the System and the means of
14    access to the System are not disseminated to any person
15    other than employees who need such information and access
16    to perform the employer's employment verification
17    responsibilities.
18    (c-1) Any claim that an employer refused to hire,
19segregated, or acted with respect to recruitment, hiring,
20promotion, renewal or employment, selection for training or
21apprenticeship, discharge, discipline, tenure or terms,
22privileges, or conditions of employment without following the
23procedures of the Employment Eligibility Verification System,
24including the Basic Pilot and E-Verify programs, may be brought
25under paragraph (G)(2) of Section 2-102 of the Illinois Human
26Rights Act.



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1    (c-2) It is a violation of this Section for an individual
2to falsely pose as an employer in order to enroll in an
3Employment Eligibility Verification System or for an employer
4to use an Employment Eligibility Verification System to access
5information regarding an individual who is not an employee of
6the employer.
7    (d) (Blank). Preemption. Neither the State nor any of its
8political subdivisions, nor any unit of local government,
9including a home rule unit, may require any employer to use an
10Employment Eligibility Verification System, including under
11the following circumstances:
12        (1) as a condition of receiving a government contract;
13        (2) as a condition of receiving a business license; or
14        (3) as penalty for violating licensing or other similar
15    laws.
16    This subsection (d) is a denial and limitation of home rule
17powers and functions under subsection (h) of Section 6 of
18Article VII of the Illinois Constitution.
19(Source: P.A. 95-138, eff. 1-1-08; 96-623, eff. 1-1-10;
2096-1000, eff. 7-2-10.)