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IL HB3364

IL HB3364
PRIVACY IN THE WORKPLACE


summary

Introduced
02/07/2025
In Committee
03/21/2025
Crossed Over
Passed
Dead

Introduced Session

104th General Assembly

Bill Summary

Amends the Right to Privacy in the Workplace Act. Provides that an employer enrolled in an Employment Eligibility Verification System, including the E-Verify program, shall not impose work authorization verification or re-verification requirements greater than those required by the Employment Eligibility Verification System. Provides that, if an employer receives notification from any federal agency or other outside third party not responsible for the enforcement of immigration law of a discrepancy as it relates to an employee's individual taxpayer identification number or other identifying documents, guarantees specified rights and protections to the employee. Makes changes in provisions concerning the administration and enforcement of the Act by the Department of Labor. Sets forth provisions concerning action for civil penalties brought by an interested party; private right of action; penalties; and review under the Administrative Review Law.

AI Summary

This bill amends the Right to Privacy in the Workplace Act to strengthen protections for employees during work authorization verification processes. The bill clarifies that employers enrolled in employment verification systems like E-Verify cannot impose work authorization verification requirements beyond those mandated by the system. If an employer receives a notification about discrepancies in an employee's work authorization documents from federal agencies or third parties, they are prohibited from taking adverse actions against the employee and must provide the employee with detailed written notice, including the right to contest the determination and have representation during any related proceedings. The bill establishes a comprehensive framework for handling potential work authorization issues, including procedures for investigating complaints, imposing civil penalties for violations, and providing employees with a private right of action. Employers found in violation can face civil penalties ranging from $100 to $5,000 per violation, depending on the severity and frequency of the infractions. The bill also empowers the Illinois Department of Labor to investigate complaints, conduct hearings, and issue orders to enforce the Act's provisions. Additionally, the legislation allows interested parties to initiate civil actions on behalf of employees and provides a mechanism for the State to intervene in such actions.

Committee Categories

Business and Industry

Sponsors (2)

Last Action

Added Co-Sponsor Rep. Kelly M. Cassidy (on 04/09/2025)

bill text


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