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Full Text of SB1133  96th 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 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) Prior to choosing to voluntarily enroll in any
10 Electronic Employment Verification System, including the
11 E-Verify program and the Basic Pilot program, as authorized by
12 8 U.S.C. 1324a, Notes, Pilot Programs for Employment
13 Eligibility Confirmation (enacted by P.L. 104-208, div. C,
14 title IV, subtitle A), employers are urged to consult the
15 Illinois Department of Labor's website for current information
16 on the accuracy of E-Verify and to review and understand an
17 employer's legal responsibilities relating to the use of the
18 voluntary E-Verify program. Employers are prohibited from
19 enrolling in any Employment Eligibility Verification System,
20 including the Basic Pilot program, as authorized by 8 U.S.C.
21 1324a, Notes, Pilot Programs for Employment Eligibility
22 Confirmation (enacted by PL 104-208, div. C, title IV, subtitle
23 A), until the Social Security Administration (SSA) and



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1 Department of Homeland Security (DHS) databases are able to
2 make a determination on 99% of the tentative nonconfirmation
3 notices issued to employers within 3 days, unless otherwise
4 required by federal law.
5     (a-1) The Illinois Department of Labor (IDOL) shall post on
6 its website information or links to information from the United
7 States Government Accountability Office, Westat, or a similar
8 reliable source independent of the Department of Homeland
9 Security regarding: (1) the accuracy of the E-Verify databases;
10 (2) the approximate financial burden and expenditure of time
11 that use of E-Verify requires from employers; and (3) an
12 overview of an employer's responsibilities under federal and
13 state law relating to the use of E-Verify.
14     (b) Upon initial enrollment in an Employment Eligibility
15 Verification System or within 30 days after the effective date
16 of this amendatory Act of the 96th General Assembly, an
17 employer enrolled in E-Verify or any other Employment
18 Eligibility Verification System must attest, Subject to
19 subsection (a) of this Section, an employer who enrolls in the
20 Basic Pilot program is prohibited from the Employment
21 Eligibility Verification Systems, to confirm the employment
22 authorization of new hires unless the employer attests, under
23 penalty of perjury, on a form prescribed by the IDOL available
24 on the IDOL website Department of Labor:
25         (1) that the employer has received the Basic Pilot or
26     E-Verify training materials from the Department of



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1     Homeland Security (DHS) DHS, and that all employees
2     personnel who will administer the program have completed
3     the Basic Pilot or E-Verify Computer Based Tutorial (CBT);
4     and
5         (2) that the employer has posted the notice from DHS
6     indicating that the employer is enrolled in the Basic Pilot
7     or E-Verify program and , the anti-discrimination notice
8     issued by the Office of Special Counsel for
9     Immigration-Related Unfair Employment Practices (OSC),
10     Civil Rights Division, U.S. Department of Justice in a
11     prominent place that is clearly visible to both prospective
12     and current employees. The employer must maintain the
13     signed original of the attestation form prescribed by the
14     IDOL, as well as all CBT certificates of completion and
15     make them available for inspection or copying by the IDOL
16     at any reasonable time , and the anti-discrimination notice
17     issued by the Illinois Department of Human Rights (IDHR).
18     (c) It is a violation of this Act for an employer enrolled
19 in an Employment Eligibility Verification System, including
20 the E-Verify program and the Basic Pilot program:
21 Responsibilities of employer using Employment Eligibility
22 Verification Systems.
23         (1) to fail to The employer shall display the notices
24     supplied by DHS and , OSC, and IDHR in a prominent place
25     that is clearly visible to both prospective and current
26     employees; .



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1         (2) to allow any employee to use an Employment
2     Eligibility Verification System prior to having completed
3     CBT; The employer shall require that all employer
4     representatives performing employment verification queries
5     complete the CBT. The employer shall attest, under penalty
6     of perjury, on a form prescribed by the Department of
7     Labor, that the employer representatives completed the
8     CBT.
9         (3) to fail to take reasonable steps to prevent an
10     employee from circumventing the requirement to complete
11     the CBT by assuming another employee's E-Verify or Basic
12     Pilot user identification or password; The employer shall
13     become familiar with and comply with the Basic Pilot
14     Manual.
15         (4) to use the Employment Eligibility Verification
16     System to verify the employment eligibility of job
17     applicants prior to hiring or to otherwise use the
18     Employment Eligibility Verification System to screen
19     individuals prior to hiring and prior to the completion of
20     a Form I-9; The employer shall notify all prospective
21     employees at the time of application that such employment
22     verification system may be used for immigration
23     enforcement purposes.
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; The
2     employer shall provide all employees who receive a
3     tentative nonconfirmation with a referral letter and
4     contact information for what agency the employee must
5     contact to resolve the discrepancy.
6         (6) to fail to notify an individual, in writing, of the
7     employer's receipt of a tentative nonconfirmation notice,
8     of the individual's right to contest the tentative
9     nonconfirmation notice, and of the contact information for
10     the relevant government agency or agencies that the
11     individual must contact to resolve the tentative
12     nonconfirmation notice; The employer shall comply with the
13     Illinois Human Rights Act and any applicable federal
14     anti-discrimination laws.
15         (7) to fail to The employer shall use the information
16     it receives from SSA or DHS only to confirm the employment
17     eligibility of newly-hired employees after completion of
18     the Form I-9. The employer shall safeguard the this
19     information contained in the Employment Eligibility
20     Verification System, and the means of access to the system
21     it (such as passwords and other privacy protections). , An
22     employer shall to ensure that the System it is not used for
23     any 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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1     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; .
5     (c-1) Any claim that an employer refused to hire,
6 segregated, or acted with respect to recruitment, hiring,
7 promotion, renewal or employment, selection for training or
8 apprenticeship, discharge, discipline, tenure or terms,
9 privileges, or conditions of employment without following the
10 procedures of the Employment Eligibility Verification System,
11 including the Basic Pilot and E-Verify programs, may be brought
12 under paragraph (G)(2) of Section 2-102 of the Illinois Human
13 Rights Act;
14     (c-2) It is a violation of this Section for an individual
15 to falsely pose as an employer in order to enroll in an
16 Employment Eligibility Verification System or for an employer
17 to use an Employment Eligibility Verification System to access
18 information regarding an individual who is not an employee of
19 the employer.
20     (d) Preemption. Neither the State nor any of its political
21 subdivisions, nor any No unit of local government, including a
22 home rule unit, may require any employer to use an Employment
23 Eligibility Verification System, including under the following
24 circumstances:
25         (1) as a condition of receiving a government contract;
26         (2) as a condition of receiving a business license; or



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1         (3) as penalty for violating licensing or other similar
2     laws.
3     This subsection (d) is a denial and limitation of home rule
4 powers and functions under subsection (h) of Section 6 of
5 Article VII of the Illinois Constitution.
6 (Source: P.A. 95-138, eff. 1-1-08.)
7     (820 ILCS 55/15)  (from Ch. 48, par. 2865)
8     Sec. 15. Administration and enforcement.
9     (a) The Director of Labor or his authorized representative
10 shall administer and enforce the provisions of this Act. The
11 Director of Labor may issue rules and regulations necessary to
12 administer and enforce the provisions of this Act.
13     (b) If an employee or applicant for employment alleges that
14 he or she has been denied his or her rights under this Act, he
15 or she may file a complaint with the Department of Labor. The
16 Department shall investigate the complaint and shall have
17 authority to request the issuance of a search warrant or
18 subpoena to inspect the files of the employer or prospective
19 employer, if necessary. The Department shall attempt to resolve
20 the complaint by conference, conciliation, or persuasion. If
21 the complaint is not so resolved and the Department finds the
22 employer or prospective employer has violated the Act, the
23 Department may commence an action in the circuit court to
24 enforce the provisions of this Act including an action to
25 compel compliance. The circuit court for the county in which



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1 the complainant resides or in which the complainant is employed
2 shall have jurisdiction in such actions.
3     (c) If an employer or prospective employer violates this
4 Act, an employee or applicant for employment may commence an
5 action in the circuit court to enforce the provisions of this
6 Act, including actions to compel compliance, where efforts to
7 resolve the employee's or applicant for employment's complaint
8 concerning the violation by conference, conciliation or
9 persuasion under subsection (b) have failed and the Department
10 has not commenced an action in circuit court to redress the
11 violation. The circuit court for the county in which the
12 complainant resides or in which the complainant is employed
13 shall have jurisdiction in such actions.
14     (d) Failure to comply with an order of the court may be
15 punished as contempt. In addition, the court shall award an
16 employee or applicant for employment prevailing in an action
17 under this Act the following damages:
18         (1) Actual damages plus costs.
19         (2) For a willful and knowing violation of this Act,
20     $200 plus costs, reasonable attorney's fees, and actual
21     damages.
22         (3) For a willful and knowing violation of Section
23     12(c) or Section 12(c-2) of this Act, $500 per affected
24     employee plus costs, reasonable attorneys’ fees, and
25     actual damages.
26     (e) Any employer or prospective employer or his agent who



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1 violates the provisions of this Act is guilty of a petty
2 offense.
3     (f) Any employer or prospective employer, or the officer or
4 agent of any employer or prospective employer, who discharges
5 or in any other manner discriminates against any employee or
6 applicant for employment because that employee or applicant for
7 employment has made a complaint to his employer, or to the
8 Director or his authorized representative, or because that
9 employee or applicant for employment has caused to be
10 instituted or is about to cause to be instituted any proceeding
11 under or related to this Act, or because that employee or
12 applicant for employment has testified or is about to testify
13 in an investigation or proceeding under this Act, is guilty of
14 a petty offense.
15 (Source: P.A. 87-807.)