Right to Privacy in the Workplace Frequently Asked Questions

The  Right to Privacy in the Workplace Act ("Act") covers four types of privacy-related workplace requirements. 

First, the Act prohibits an employer from refusing to hire, terminate employment, or otherwise disadvantage any individual because the individual uses lawful products off the premises of the employer’s job site during non-work and non-call hours, except as otherwise specifically provided by law, including Section 10-50 of the Cannabis Regulation and Tax Act. 820 ILCS 55/5.

Second, the Act prohibits employers from making certain inquiries about whether prospective employees have filed claims or received benefits under the Workers’ Compensation Act or the Workers’ Occupational Diseases Act. 820 ILCS 55/10(a).

Third, the Act prohibits an employer from requesting, requiring, or coercing an employee to provide the employer their username and password or otherwise demanding access to the employee’s personal online accounts, such as social networking website accounts. The Act does not prohibit employers from (1) maintaining policies regarding use of the employer’s equipment, (2) monitoring use of the employer’s equipment, (3) obtaining publicly available information about an employee, or (4) in certain instances, requesting an employee share specific content from an online account, without requesting a password. 820 ILCS 55/10(b).

Fourth, the Act prohibits employers from taking adverse action against an employee based only on receipt of a notice of a discrepancy (sometimes called a “no match” letter) between an employee's individual taxpayer identification number or other identifying documents from any federal agency or other outside vendor not responsible for the enforcement of immigration law, such as the Social Security Administration, the Internal Revenue Service or an insurance company. 820 ILCS 55/14(a)(1). The Act also requires employers to provide certain notice to the employee upon receipt of such a notification. 820 ILCS 55/14(a)(2).

Complaints submitted to the Department under the Right to Privacy in the Workplace Act that do not allege a specific violation of the Act will be dismissed. Other laws administered by the Department may also relate to employee privacy and may not fall under this Act. You can review the other laws administered by the Department here: https://labor.illinois.gov/laws-rules.html.

You may wish to speak to a lawyer about other legal remedies that may be available to you. If you cannot afford an attorney, there may be additional resources available to you. Links to additional resources are available here: https://www.isba.org/public/cantaffordalawyer. More resources are listed below.

The Right to Privacy in the Workplace Act may be enforced by the Illinois Department of Labor, Attorney General, aggrieved parties, or interested parties.

Illinois Department of Labor: An employee or applicant for employment may file a complaint with the Department. 820 ILCS 55/15(a) and (b).

Attorney General: The Attorney General may initiate or intervene in a civil action in the name of the People of the State in any appropriate court to obtain appropriate relief. 820 ILCS 55/15(a-5).

Interested Parties: A not-for-profit or labor organization as defined by statute may bring a civil action in the name of the State or for the benefit of any impacted employees or prospective employees. 820 ILCS 55/16.

Private Right of Action: Any employee or prospective employee aggrieved by a violation of the Act may bring lawsuit in circuit court of Illinois. 820 ILCS 55/17.

Aggrieved parties and Interested Parties do not need to file a complaint with the Illinois Department of Labor but may directly file suit in circuit court. filing suit.  820 ILCS 55/16(b); 820 ILCS 55/17(a).

If you believe your employer or prospective employer violated the Act, you may file a lawsuit in the circuit court of Illinois. You must bring your lawsuit within three years of the violation, unless your employer or prospective employer failed to provide you with information required under the Act or deterred you from the exercise of your rights under the Act. 820 ILCS 55/17(b).

You may file a lawsuit with other employees or prospective employees and may file on behalf of yourself, and/or on behalf of other employees or prospective employees similarly situated. 820 ILCS 55/17(a).

The lawsuit must be filed in the county where the violation occurred, in the county where you live, or in the county where the employer or prospective employer is located. 820 ILCS 55/17(a).

You do not need to file a complaint with the Illinois Department of Labor or otherwise exhaust alternative administrative remedies before filing a lawsuit.  820 ILCS 55/17(a).

Potential penalties ordered by the court may include:

·        A civil penalty of not less than $100 and not more than $1,000 for each violation found by a Court

·        If you were terminated or denied employment:

o   Reinstatement with the same seniority status

o   Back pay and interest

o   A civil penalty of $10,000

·        Compensation for damages including litigation costs, expert witness fees, and reasonable attorney's fees

820 ILCS 55/17(a)

You may wish to consult with an attorney before filing a lawsuit. If you cannot afford an attorney, there may be additional resources available to you. Links to additional resources are available here: https://www.isba.org/public/cantaffordalawyer. More resources are listed below.

The complaint form is available here: https://labor.illinois.gov/laws-rules/conmed/privacy-workplace.html. Complaints must be filed within 180 days after termination of employment or the alleged incident. 56 Ill. Adm. Code 360.120(a).

After a complaint is filed, the Department will review it to determine if it has jurisdiction over the complaint and cause and sufficient resources for investigation. If the complaint is accepted, the Department will notify the employer of the claim. The Department will attempt to resolve your complaint by conference, conciliation, or persuasion. The Department also has the authority to investigate the complaint, request the issuance of a search warrant or subpoena, and conduct a hearing in accordance with the Illinois Administrative Procedure Act. 820 ILCS 55/15(a).

You may wish to consult with an attorney about your privacy rights in the workplace and/or before filing a lawsuit under the Right to Privacy in the Workplace Act. The following legal resources may be available to you:

Lawyer Referral Services:

1. National Employment Lawyers Association Find-a-Lawyer tool

2. Illinois State Bar Association Lawyer Finder

3. Chicago Bar Association Lawyer Referral Service (serves Cook County): Call them at (312) 554-2001 or visit them online.

o   Chicago Bar Association Call-A-Lawyer: Call-A-Lawyer is a program that provides an opportunity for the public to call in, ask questions and get free legal information over the phone. Call 312-554-2001 from 9 a.m. to 12 p.m. on the program dates to speak to a volunteer Lawyer Referral Service attorney for general legal advice and self-help strategies. More information here.

Legal Aid Organizations:

Northern Illinois:

o   Legal Aid Chicago Phone (312) 341-1070

o   Metropolitan Family Services Phone: (312) 986-4200

Central Illinois:

o   Prairie State Legal Services Phone: (815) 965-2134

Southern Illinois

o   Land of Lincoln Legal Aid Phone: (877) 342-7891