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| Public Act 095-0138 |
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Right to Privacy in the Workplace Act is | ||||
amended by adding Section 12 as follows: | ||||
(820 ILCS 55/12 new) | ||||
Sec. 12. Restrictions on use of Employment Eligibility | ||||
Verification Systems. | ||||
(a) Employers are prohibited from enrolling in any | ||||
Employment Eligibility Verification System, including the | ||||
Basic Pilot program, as authorized by 8 U.S.C. 1324a, Notes, | ||||
Pilot Programs for Employment Eligibility Confirmation | ||||
(enacted by PL 104-208, div. C, title IV, subtitle A), until | ||||
the Social Security Administration (SSA) and Department of | ||||
Homeland Security (DHS) databases are able to make a | ||||
determination on 99% of the tentative nonconfirmation notices | ||||
issued to employers within 3 days, unless otherwise required by | ||||
federal law. | ||||
(b) Subject to subsection (a) of this Section, an employer | ||||
who enrolls in the Basic Pilot program is prohibited from the | ||||
Employment Eligibility Verification Systems, to confirm the | ||||
employment authorization of new hires unless the employer | ||||
attests, under penalty of perjury, on a form prescribed by the | ||||
Department of Labor: | ||
(1) that the employer has received the Basic Pilot | ||
training materials from DHS, and that personnel who will | ||
administer the program have completed the Basic Pilot | ||
Computer Based Tutorial (CBT); and | ||
(2) that the employer has posted the notice from DHS | ||
indicating that the employer is enrolled in the Basic Pilot | ||
program, the anti-discrimination notice issued by the | ||
Office of Special Counsel for Immigration-Related Unfair | ||
Employment Practices (OSC), Civil Rights Division, U.S. | ||
Department of Justice, and the anti-discrimination notice | ||
issued by the Illinois Department of Human Rights (IDHR). | ||
(c) Responsibilities of employer using Employment | ||
Eligibility Verification Systems. | ||
(1) The employer shall display the notices supplied by | ||
DHS, OSC, and IDHR in a prominent place that is clearly | ||
visible to prospective employees. | ||
(2) The employer shall require that all employer | ||
representatives performing employment verification queries | ||
complete the CBT. The employer shall attest, under penalty | ||
of perjury, on a form prescribed by the Department of | ||
Labor, that the employer representatives completed the | ||
CBT. | ||
(3) The employer shall become familiar with and comply | ||
with the Basic Pilot Manual. | ||
(4) The employer shall notify all prospective | ||
employees at the time of application that such employment | ||
verification system may be used for immigration | ||
enforcement purposes. | ||
(5) The employer shall provide all employees who | ||
receive a tentative nonconfirmation with a referral letter | ||
and contact information for what agency the employee must | ||
contact to resolve the discrepancy. | ||
(6) The employer shall comply with the Illinois Human | ||
Rights Act and any applicable federal anti-discrimination | ||
laws. | ||
(7) The employer shall use the information it receives | ||
from SSA or DHS only to confirm the employment eligibility | ||
of newly-hired employees after completion of the Form I-9. | ||
The employer shall safeguard this information, and means of | ||
access to it (such as passwords and other privacy | ||
protections), to ensure that it is not used for any other | ||
purpose and as necessary to protect its confidentiality, | ||
including ensuring that it is not disseminated to any | ||
person other than employees of the employer who need it to | ||
perform the employer's responsibilities. | ||
(d) Preemption. No unit of local government, including a | ||
home rule unit, may require any employer to use an Employment | ||
Eligibility Verification System, including under the following | ||
circumstances: | ||
(1) as a condition of receiving a government contract; | ||
(2) as a condition of receiving a business license; or | ||
(3) as penalty for violating licensing or other similar | ||
laws. | ||
This subsection (d)
is a denial and limitation of home rule | ||
powers and functions under subsection (h) of Section 6 of | ||
Article VII of the Illinois Constitution.
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Section 97. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes.
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