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Employers in Illinois face big changes ahead. On Oct. 30, 2025, the Illinois General Assembly passed SB 2339 — an expansion to the Right to Privacy in the Workplace Act. The bill is now on Gov. JB Pritzker's desk and will immediately take effect once signed.
This new legislation is a response to the increased federal immigration enforcement and will reshape employer responsibilities around employment eligibility verification and employee privacy.
SB 2339 draws a new line in the sand for employers using Employment Eligibility Verification Systems like E-Verify. From now on, employers may not impose tougher authorization or re-verification requirements than the federal system itself demands. In other words, stick to the script: follow only what the federal program requires — no more, no less.
The law will also transform how employers handle notifications about discrepancies in employee documentation. If an employer receives notice from a federal agency or a third party not responsible for enforcing immigration law — such as the Social Security Administration or IRS — about a mismatch in an employee's taxpayer identification number or other documents, the employer cannot take adverse action based solely on this notice; actions like suspension or termination are expressly prohibited.
Instead, employers must give the employee written notice within five business days. Delivery should be in person and by hand whenever feasible, but if that's not possible, then by mail and email. The notice must explain what the discrepancy is, how long the employee has to respond or contest it, and what comes next.
Coverage under the amended law is broad. These rules apply to both public and private employers statewide. SB 2339 also adds teeth to enforcement. The Illinois Department of Labor and the Attorney General remain empowered to investigate and pursue violations. However, the big change is that labor unions and not-for-profit groups can now bring their own civil actions against employers as "interested parties."
Individual employees, applicants, or their representatives can also sue directly in Illinois courts. Penalties include: $100 to $1,000 for each violation, mandatory reinstatement and back pay, up to $10,000 penalties for lost jobs, and coverage for attorneys' fees and damages. For repeated violations, fines rise to $1,000 to $5,000 per infraction.
There are some safe harbors for employers in Illinois. No penalties will be assessed if the employer acted in good faith after seeking guidance from the Illinois Department of Labor or the Department of Homeland Security — or if an honest administrative error didn't affect an employee's wages or employment status.
What steps should employers take now? Employers should begin by auditing existing verification and notification protocols. HR and management teams need to be fully informed about the new requirements, particularly the prohibition on taking adverse action based solely on third-party discrepancy notices. It is also important to stay alert for further guidance from the Illinois Department of Labor. Maintaining thorough records will help demonstrate good faith compliance efforts.
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