Right to Privacy in the Workplace Act: Understanding E-Verify Protections in 2025
The Right to Privacy in the Workplace Act has long served as a safeguard for Illinois workers, ensuring their employment rights are protected. With new amendments under Public Act 103-879 taking effect on January 1, 2025, employees and employers alike must understand how these changes impact workplace practices, particularly concerning the E-Verify system. E-Verify is a federal electronic system that compares a worker’s Form I-9 information with government databases to confirm employment eligibility. While some states require its use, Illinois law places clear limitations on when and how it can be implemented.
Unlike in other states, Illinois law does not require employers to use E-Verify. In fact, no state or local government entity can mandate participation in the program. Employers that voluntarily use E-Verify must adhere to strict privacy and anti-discrimination regulations to ensure fair and lawful application. The new provisions aim to further protect employees from improper use of employment verification systems, reinforcing Illinois’ commitment to workplace fairness and privacy.
Understanding the latest amendments is essential for compliance. This law sets clear boundaries to prevent employers from misusing verification data and discriminating against employees based on their status or discrepancies in documentation. With penalties for noncompliance, businesses must ensure they are following all necessary guidelines while employees should be aware of their rights to challenge any errors.
What Employers Need to Know About E-Verify and the Right to Privacy in the Workplace Act
E-Verify is an internet-based system operated by the U.S. Department of Homeland Security in partnership with the Social Security Administration. Its purpose is to electronically verify the employment eligibility of newly hired workers by comparing Form I-9 information with federal records. While some states have made E-Verify mandatory, Illinois maintains protections that prevent forced participation at both the state and local levels.
Illinois law prohibits state or municipal governments from requiring employers to use E-Verify. However, employers may voluntarily enroll in the system, provided they comply with all related privacy and anti-discrimination provisions. Before enrolling, employers are urged to consult the Illinois Department of Labor’s website for current information regarding the accuracy and requirements of the program.
Businesses that choose to use E-Verify must meet specific requirements under the Right to Privacy in the Workplace Act. These include mandatory training, record-keeping obligations, and proper notification to employees. Employers must also post the Right to Privacy in the Workplace/E-Verify poster, along with the federally provided E-Verify Participation poster. These notices must be displayed in both English and Spanish to ensure accessibility to all workers. Additionally, the Act prohibits employers from misusing E-Verify for discriminatory purposes, such as selectively verifying the eligibility of certain employees based on their nationality or perceived immigration status.
Employers who fail to comply with the law may face penalties, including fines and potential legal action. It is essential for businesses to review their employment verification policies and ensure their use of E-Verify aligns with state and federal guidelines. By adhering to these requirements, companies can avoid legal trouble while promoting a fair and equitable work environment.
Employee Rights Under the Right to Privacy in the Workplace Act
Illinois law provides workers with clear protections regarding the use of E-Verify. Employees cannot be pre-screened using E-Verify before receiving a formal job offer. This means an employer cannot use the system to check a candidate’s immigration status before deciding whether to hire them. Doing so is a violation of the Right to Privacy in the Workplace Act and could result in legal consequences for the employer.
Once hired, employees have rights if their verification information presents a discrepancy. If an employer notifies an employee of an issue with their employment verification, the worker must be given the opportunity to correct the discrepancy. The law ensures that employees are provided with specific details about the claimed error and are given adequate time to resolve it. During any discussions or meetings regarding employment verification, workers have the right to seek representation.
Additionally, employers are prohibited from retaliating against employees who exercise their rights under the Act. If a worker files a complaint alleging a violation, the employer cannot take adverse action against them, such as termination or demotion. This protection is crucial in maintaining workplace fairness and preventing intimidation tactics that could discourage employees from asserting their rights.
By ensuring that employees are informed about their rights and how to address any verification issues, the law promotes a workplace environment that prioritizes transparency and fairness. Workers should be aware of their legal protections and seek assistance if they believe their rights have been violated.
Contact O’Malley & Madden for Insight to Protect Your Rights
Employees who believe their rights under the Right to Privacy in the Workplace Act have been violated have the option to file a complaint with the Illinois Department of Labor. The department offers an official Right to Privacy in the Workplace Complaint Form, which workers can use to report concerns related to E-Verify misuse or retaliation.
With the amendments taking effect, both employers and employees must stay informed about their rights and responsibilities. The Right to Privacy in the Workplace Act continues to reinforce workplace protections, ensuring that employment verification processes remain fair and that no worker faces discrimination or retaliation. By understanding these protections and acting when necessary, Illinois employees can safeguard their rights while employers can maintain compliance with the latest legal standards.
For further insight into the Right to Privacy in the Workplace Act and E-Verify, contact the Chicago-based civil rights and employment law firm of O’Malley & Madden, P.C.
Additional Information
For individuals facing E-Verify-related disputes or concerns regarding their rights under the Right to Privacy in the Workplace Act, the Illinois Department of Labor (IDOL) provides resources and legal support. Those who believe their rights have been violated can contact IDOL for assistance.
Phone: (312) 793-7307
Email: DOL.RTPW@Illinois.gov
Office Address: Illinois Department of Labor, Conciliation and Mediation Division, 160 North LaSalle Street, Suite C-1300, Chicago, IL 60601
