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Right to Privacy in the Workplace/E-Verify Frequently Asked Questions
The Frequently Asked Questions (FAQs) provided below highlight topics and specific questions that are often asked of the Illinois Department of Labor (IDOL). The information provided in the FAQs is intended to enhance public access and understanding of IDOL laws, regulations and compliance information.
The FAQs should not be considered a substitute for the appropriate official documents (i.e. statute and/or administrative rules.) Individuals are urged to consult legal counsel of their choice. Court decisions may affect the interpretation and constitutionality of statutes. The Department cannot offer individuals legal advice or offer advisory opinions. If you need a legal opinion, we suggest you consult your own legal counsel. These FAQs are not to be considered complete and do not relieve employers from complying with applicable IDOL laws and regulations.
PLEASE NOTE: The E-Verify provisions of the Right to Privacy in the Workplace Act were first enacted in Public Act 95-138, effective 1/1/2008, and were amended in 2010. New amendments contained in Public Act 103-879 will take effect on 1/1/2025.
- 1. What is the E-Verify System?
- 2. Does Illinois law require employers to use E-Verify to check the employment eligibility of a worker?
- 3. May a unit of local government require any employer to use E-Verify?
- 4. May Illinois employers choose to voluntarily use E-Verify?
- 5. What should an employer know?
- 6. What should an employee know?
- 7. What happens if an employer says that there is a discrepancy in an employee’s employment verification information?
- 8. How can a worker file a complaint of an alleged violation of the Right to Privacy in the Workplace Act?
- 9. Who should I contact for questions?
According to the U.S. Department of Justice, E-Verify is “an electronic system that compares a worker’s Form I-9 information with government databases to verify employment eligibility.”
No.
Nothing in this Act shall be construed to require an employer to enroll in any Electronic Employment Verification System, including the E-Verify program and the Basic Pilot program, as authorized by 8 U.S.C. 1324a, Notes, Pilot Programs for Employment Eligibility Confirmation (enacted by P.L. 104-208, div. C, title IV, subtitle A) beyond those obligations that have been imposed upon them by federal law. (Sec. 12 (a) of the Act)
No.
Neither the State nor any of its political subdivisions, nor any unit of local government, including a home rule unit, may require any employer to use an Employment Eligibility Verification System. (Sec. 12 (a-1) (d) of the Act)
Yes. Illinois law does not prohibit any employer from using E-Verify. However, employers who use E-Verify must follow the requirements of the Right to Privacy in the Workplace Act.
In Illinois, the Right to Privacy in the Workplace Act stipulates that, as of January 1, 2025, prior to enrolling in the E-Verify System, employers are urged to consult the Illinois Department of Labor’s website for current information regarding the accuracy of the program.
Additionally, employers are encouraged to review and understand their legal responsibilities relating to the use of E-Verify. Furthermore, the Act prohibits the misuse of E-Verify and places certain training and recordkeeping requirements on employers.
Employers that participate in E-Verify must post the Right to Privacy in the Workplace/E-Verify poster, along with the E-Verify Participation poster provided by the federal government, in the workplace, and this poster produced by the United States Department of Justice. The posters must be displayed in both English and Spanish.
In Illinois, an employer is prohibited from using E-Verify to check the immigration status of current employees or to pre-screen prospective employees that have not been offered a position with the company. The employer may not check on your immigration status before you are offered a job. An employer may not take adverse action against an employee or applicant for employment because when the employee or applicant for employment filed a complaint of a violation of the Right to Privacy in the Workplace Act.
The Right to Privacy in the Workplace Act requires that employers follow certain steps if they believe that an employee’s employment verification information is inaccurate, which includes providing the employee with specific information about the claimed discrepancy and allowing the employee to correct the discrepancy (if required by law). An employee has the right to representation during any meetings or discussions regarding employment verification information.
If an employee or applicant for employment alleges that he or she has been denied his or her rights under this Act, he or she may file a complaint with the Department of Labor here: Right To Privacy In The Workplace Complaint Form (illinois.gov)
Contact the Illinois Department of Labor Conciliation and Mediation Division regarding the Right to Privacy in the Workplace Act:
Phone: 312-793-7307
Email: DOL.RTPW@Illinois.gov