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Right to Privacy in the Workplace Act

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

First, the Act prohibits employers from refusing to hire, terminating employment, or otherwise disadvantaging 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.

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.

Third, the Act prohibits employers 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.

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. The Act also requires employers to provide certain notice to the employee upon receipt of such a notification.

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

Aggrieved parties 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).

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