What happened?

On June 20, 2024, the Illinois Legislature passed SB 0508 and sent it to the governor. The bill if signed, will severely limit, almost banning the E-Verify system.

What are the details?

Key Bites for Employers:

• This bill amends the Right to Privacy in the Workplace Act.

• It provides that unless otherwise required by State or federal law, an employer shall not voluntarily enroll in the E-Verify program or a similar Electronic Employment Verification System.

• Adds a new section titled: Section 13:
  Restrictions on the Use of Employment Eligibility Verification Systems
  
  • An employer shall not impose work authorization verification or re-verification requirements greater than those required by federal law.
  • If an employer finds a discrepancy between an employee’s employment verification information, the employer must provide the employee notice in the form, content, and manner specified by the bill.
  • If an employer receives notice of a discrepancy from any state or federal agency, and it is related to work authorization, the bill gives the employee certain rights and protections, along with certain notices.
  • The bill provides for additional rights and protection granted to an employee following the notification from the Social Security Administration of a discrepancy.
  • The employee can have a representative of the employee’s choosing in any meetings, discussions, or proceedings.

• Notice Requirements: An employer shall provide notice in the form and manner prescribed by the bill to current employees of any inspections of I-9 Employment Eligibility Verification forms or other employment records conducted by the inspecting entity within 72 hours after receiving notice of the inspection, and if the agency determines that the employee’s work authorization do not establish that the employee is authorized to work in the United States.

• Violations and Civil Penalties: The bill provides for violations and civil penalties of Section 13, ranging from $2,000 to $5,000 for the first violation and $5,000 to $10,000 for each subsequent violation per affected employee (plus additional fees).

This bill is similar to IL SB 1515, which was vetoed by the governor at its time.

Business Considerations

• Employers should be aware that whether intentional or just poor drafting, the Illinois Legislature’s changes to the Act will effectively ban most Illinois employers from using E-Verify, and possibly prohibit employers from ever taking adverse actions against employees with discrepancies in their work authorization documentation.
• Employers should be prepared to review their current employment verification practices to ensure they are not imposing work authorization verification or re-verification requirements greater than those required by federal law.
• Employers should prepare to give the notices, if required, in the time, form, and manner prescribed in the bill.

Source References

• IL SB 0508
• Is Illinois Trying to Bar the Use of E-Verify (Again)? (FordHarrison)
• Cervantes law will protect marginalized employees from unfair enforcement of documentation (Illinois Senate Democratic Caucus)

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