Illinois 2025-2026 Regular Session

Illinois House Bill HB3364 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3364 Introduced , by Rep. Eva-Dina Delgado SYNOPSIS AS INTRODUCED: 820 ILCS 55/12820 ILCS 55/13820 ILCS 55/15 from Ch. 48, par. 2865820 ILCS 55/16 new820 ILCS 55/17 new820 ILCS 55/18 new820 ILCS 55/19 new820 ILCS 55/20 from Ch. 48, par. 2870 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. LRB104 10808 SPS 20889 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3364 Introduced , by Rep. Eva-Dina Delgado SYNOPSIS AS INTRODUCED: 820 ILCS 55/12820 ILCS 55/13820 ILCS 55/15 from Ch. 48, par. 2865820 ILCS 55/16 new820 ILCS 55/17 new820 ILCS 55/18 new820 ILCS 55/19 new820 ILCS 55/20 from Ch. 48, par. 2870 820 ILCS 55/12 820 ILCS 55/13 820 ILCS 55/15 from Ch. 48, par. 2865 820 ILCS 55/16 new 820 ILCS 55/17 new 820 ILCS 55/18 new 820 ILCS 55/19 new 820 ILCS 55/20 from Ch. 48, par. 2870 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. LRB104 10808 SPS 20889 b LRB104 10808 SPS 20889 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3364 Introduced , by Rep. Eva-Dina Delgado SYNOPSIS AS INTRODUCED:
3	3	820 ILCS 55/12820 ILCS 55/13820 ILCS 55/15 from Ch. 48, par. 2865820 ILCS 55/16 new820 ILCS 55/17 new820 ILCS 55/18 new820 ILCS 55/19 new820 ILCS 55/20 from Ch. 48, par. 2870 820 ILCS 55/12 820 ILCS 55/13 820 ILCS 55/15 from Ch. 48, par. 2865 820 ILCS 55/16 new 820 ILCS 55/17 new 820 ILCS 55/18 new 820 ILCS 55/19 new 820 ILCS 55/20 from Ch. 48, par. 2870
4	4	820 ILCS 55/12
5	5	820 ILCS 55/13
6	6	820 ILCS 55/15 from Ch. 48, par. 2865
7	7	820 ILCS 55/16 new
8	8	820 ILCS 55/17 new
9	9	820 ILCS 55/18 new
10	10	820 ILCS 55/19 new
11	11	820 ILCS 55/20 from Ch. 48, par. 2870
12	12	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.
13	13	LRB104 10808 SPS 20889 b LRB104 10808 SPS 20889 b
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15	15	A BILL FOR
16	16	HB3364LRB104 10808 SPS 20889 b HB3364 LRB104 10808 SPS 20889 b
17	17	HB3364 LRB104 10808 SPS 20889 b
18	18	1 AN ACT concerning employment.
19	19	2 Be it enacted by the People of the State of Illinois,
20	20	3 represented in the General Assembly:
21	21	4 Section 5. The Right to Privacy in the Workplace Act is
22	22	5 amended by changing Sections 12, 13, and 15 and by adding
23	23	6 Sections 16, 17, 18, 19 and 20 as follows:
24	24	7 (820 ILCS 55/12)
25	25	8 Sec. 12. Use of Employment Eligibility Verification
26	26	9 Systems.
27	27	10 (a) Prior to enrolling in any Electronic Employment
28	28	11 Verification System, including the E-Verify program or and the
29	29	12 Basic Pilot program, as authorized by 8 U.S.C. 1324a, Notes,
30	30	13 Pilot Programs for Employment Eligibility Confirmation
31	31	14 (enacted by P.L. 104-208, div. C, title IV, subtitle A),
32	32	15 employers are urged to consult the Illinois Department of
33	33	16 Labor's website for current information on the accuracy of the
34	34	17 E-Verify program and to review and understand an employer's
35	35	18 legal responsibilities relating to the use of the E-Verify
36	36	19 program. Nothing in this Act shall be construed to require an
37	37	20 employer to enroll in any Electronic Employment Verification
38	38	21 System, including the E-Verify program and the Basic Pilot
39	39	22 program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
40	40	23 Programs for Employment Eligibility Confirmation (enacted by
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44	44	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3364 Introduced , by Rep. Eva-Dina Delgado SYNOPSIS AS INTRODUCED:
45	45	820 ILCS 55/12820 ILCS 55/13820 ILCS 55/15 from Ch. 48, par. 2865820 ILCS 55/16 new820 ILCS 55/17 new820 ILCS 55/18 new820 ILCS 55/19 new820 ILCS 55/20 from Ch. 48, par. 2870 820 ILCS 55/12 820 ILCS 55/13 820 ILCS 55/15 from Ch. 48, par. 2865 820 ILCS 55/16 new 820 ILCS 55/17 new 820 ILCS 55/18 new 820 ILCS 55/19 new 820 ILCS 55/20 from Ch. 48, par. 2870
46	46	820 ILCS 55/12
47	47	820 ILCS 55/13
48	48	820 ILCS 55/15 from Ch. 48, par. 2865
49	49	820 ILCS 55/16 new
50	50	820 ILCS 55/17 new
51	51	820 ILCS 55/18 new
52	52	820 ILCS 55/19 new
53	53	820 ILCS 55/20 from Ch. 48, par. 2870
54	54	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.
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56	56	LRB104 10808 SPS 20889 b
57	57	A BILL FOR
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63	63	820 ILCS 55/12
64	64	820 ILCS 55/13
65	65	820 ILCS 55/15 from Ch. 48, par. 2865
66	66	820 ILCS 55/16 new
67	67	820 ILCS 55/17 new
68	68	820 ILCS 55/18 new
69	69	820 ILCS 55/19 new
70	70	820 ILCS 55/20 from Ch. 48, par. 2870
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89	89	1 P.L. 104-208, div. C, title IV, subtitle A) beyond those
90	90	2 obligations that have been imposed upon them by federal law.
91	91	3 Nothing in this Act shall be construed to prohibit an employer
92	92	4 from enrolling in any Electronic Employment Verification
93	93	5 System, including the E-Verify program, as required or
94	94	6 permitted by federal law.
95	95	7 (a-1) The Illinois Department of Labor (IDOL) shall post
96	96	8 on its website information or links to information from the
97	97	9 United States Government Accountability Office, Westat, or a
98	98	10 similar reliable source independent of the Department of
99	99	11 Homeland Security regarding: (1) the accuracy of the E-Verify
100	100	12 databases; (2) the approximate financial burden and
101	101	13 expenditure of time that use of E-Verify requires from
102	102	14 employers; and (3) an overview of an employer's
103	103	15 responsibilities under federal and state law relating to the
104	104	16 use of E-Verify.
105	105	17 (b) Upon initial enrollment in an Employment Eligibility
106	106	18 Verification System or within 30 days after the effective date
107	107	19 of this amendatory Act of the 96th General Assembly, an
108	108	20 employer enrolled in E-Verify or any other Employment
109	109	21 Eligibility Verification System must attest, under penalty of
110	110	22 perjury, on a form prescribed by the IDOL available on the IDOL
111	111	23 website:
112	112	24 (1) that the employer has received the Basic Pilot or
113	113	25 E-Verify training materials from the Department of
114	114	26 Homeland Security (DHS), and that all employees who will
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125	125	1 administer the program have completed the Basic Pilot or
126	126	2 E-Verify Computer Based Tutorial (CBT); and
127	127	3 (2) that the employer has posted the notice from DHS
128	128	4 indicating that the employer is enrolled in the Basic
129	129	5 Pilot or E-Verify program and the anti-discrimination
130	130	6 notice issued by the Office of Special Counsel for
131	131	7 Immigration-Related Unfair Employment Practices (OSC),
132	132	8 Civil Rights Division, U.S. Department of Justice in a
133	133	9 prominent place that is clearly visible to both
134	134	10 prospective and current employees. The employer must
135	135	11 maintain the signed original of the attestation form
136	136	12 prescribed by the IDOL, as well as all CBT certificates of
137	137	13 completion and make them available for inspection or
138	138	14 copying by the IDOL at any reasonable time.
139	139	15 (c) It is a violation of this Act for an employer enrolled
140	140	16 in an Employment Eligibility Verification System, including
141	141	17 the E-Verify program and the Basic Pilot program:
142	142	18 (1) to fail to display the notices supplied by DHS and
143	143	19 OSC in a prominent place that is clearly visible to both
144	144	20 prospective and current employees;
145	145	21 (2) to allow any employee to use an Employment
146	146	22 Eligibility Verification System prior to having completed
147	147	23 CBT;
148	148	24 (3) to fail to take reasonable steps to prevent an
149	149	25 employee from circumventing the requirement to complete
150	150	26 the CBT by assuming another employee's E-Verify or Basic
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161	161	1 Pilot user identification or password;
162	162	2 (4) to use the Employment Eligibility Verification
163	163	3 System to verify the employment eligibility of job
164	164	4 applicants prior to hiring or to otherwise use the
165	165	5 Employment Eligibility Verification System to screen
166	166	6 individuals prior to hiring and prior to the completion of
167	167	7 a Form I-9;
168	168	8 (5) to terminate an employee or take any other adverse
169	169	9 employment action against an individual prior to receiving
170	170	10 a final nonconfirmation notice from the Social Security
171	171	11 Administration or the Department of Homeland Security;
172	172	12 (6) to fail to notify an individual, in writing, of
173	173	13 the employer's receipt of a tentative nonconfirmation
174	174	14 notice, of the individual's right to contest the tentative
175	175	15 nonconfirmation notice, and of the contact information for
176	176	16 the relevant government agency or agencies that the
177	177	17 individual must contact to resolve the tentative
178	178	18 nonconfirmation notice;
179	179	19 (7) to fail to safeguard the information contained in
180	180	20 the Employment Eligibility Verification System, and the
181	181	21 means of access to the system (such as passwords and other
182	182	22 privacy protections). An employer shall ensure that the
183	183	23 System is not used for any purpose other than employment
184	184	24 verification of newly hired employees and shall ensure
185	185	25 that the information contained in the System and the means
186	186	26 of access to the System are not disseminated to any person
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197	197	1 other than employees who need such information and access
198	198	2 to perform the employer's employment verification
199	199	3 responsibilities.
200	200	4 (c-1) Any claim that an employer refused to hire,
201	201	5 segregated, or acted with respect to recruitment, hiring,
202	202	6 promotion, renewal or employment, selection for training or
203	203	7 apprenticeship, discharge, discipline, tenure or terms,
204	204	8 privileges, or conditions of employment without following the
205	205	9 procedures of the Employment Eligibility Verification System,
206	206	10 including the Basic Pilot and the E-Verify program programs,
207	207	11 may be brought under paragraph (G)(2) of Section 2-102 of the
208	208	12 Illinois Human Rights Act.
209	209	13 (c-2) It is a violation of this Section for an individual
210	210	14 to falsely pose as an employer in order to enroll in an
211	211	15 Employment Eligibility Verification System or for an employer
212	212	16 to use an Employment Eligibility Verification System to access
213	213	17 information regarding an individual who is not an employee of
214	214	18 the employer.
215	215	19 (d) Preemption. Neither the State nor any of its political
216	216	20 subdivisions, nor any unit of local government, including a
217	217	21 home rule unit, may require any employer to use an Employment
218	218	22 Eligibility Verification System, including under the following
219	219	23 circumstances:
220	220	24 (1) as a condition of receiving a government contract;
221	221	25 (2) as a condition of receiving a business license; or
222	222	26 (3) as penalty for violating licensing or other
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233	233	1 similar laws.
234	234	2 This subsection (d) is a denial and limitation of home
235	235	3 rule powers and functions under subsection (h) of Section 6 of
236	236	4 Article VII of the Illinois Constitution.
237	237	5 (Source: P.A. 103-879, eff. 1-1-25.)
238	238	6 (820 ILCS 55/13)
239	239	7 Sec. 13. Restrictions on the use of Employment Eligibility
240	240	8 Verification Systems.
241	241	9 (a) As used in this Section:
242	242	10 "Employee's authorized representative" means an exclusive
243	243	11 collective bargaining representative, an attorney or, upon
244	244	12 written notification to the employer, any other representative
245	245	13 authorized by the employee.
246	246	14 "Inspecting entity" means the U.S. Immigration and Customs
247	247	15 Enforcement, United States Customs and Border Protection, or
248	248	16 any other federal entity enforcing civil immigration
249	249	17 violations of an employer's I-9 Employment Eligibility
250	250	18 Verification forms.
251	251	19 (b) An employer shall not impose work authorization
252	252	20 verification or re-verification requirements greater than
253	253	21 those required by federal law or, if enrolled in an Employment
254	254	22 Eligibility Verification System, including the E-Verify
255	255	23 program, shall not impose work authorization verification or
256	256	24 re-verification requirements greater than those required by
257	257	25 the Employment Eligibility Verification System, including the
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268	268	1 E-Verify program.
269	269	2 (c) If an employer contends that there is a discrepancy in
270	270	3 an employee's employment verification information, the
271	271	4 employer must provide the employee with:
272	272	5 (1) The specific document or documents, if made
273	273	6 available to the employer, that the employer deems to be
274	274	7 deficient and the reason why the document or documents are
275	275	8 deficient. Upon request by the employee or the employee's
276	276	9 authorized representative, the employer shall give to the
277	277	10 employee the original document forming the basis for the
278	278	11 employer's contention of deficiency within 7 business
279	279	12 days.
280	280	13 (2) Instructions on how the employee can correct the
281	281	14 alleged deficient documents if required to do so by law.
282	282	15 (3) An explanation of the employee's right to have
283	283	16 representation present during related meetings,
284	284	17 discussions, or proceedings with the employer. If the
285	285	18 alleged discrepancy is based on information obtained
286	286	19 through the employer's participation in the E-Verify
287	287	20 program, the right to representation shall apply unless
288	288	21 not , if allowed by a memorandum of understanding
289	289	22 concerning the federal E-Verify system.
290	290	23 (4) An explanation of any other rights that the
291	291	24 employee may have in connection with the employer's
292	292	25 contention.
293	293	26 (d) If When an employer receives notification from an
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304	304	1 inspecting entity any federal or State agency, including, but
305	305	2 not limited to, the Social Security Administration or the
306	306	3 Internal Revenue Service, of a discrepancy as it relates to
307	307	4 work authorization, the following rights and protections are
308	308	5 granted to the employee:
309	309	6 (1) The employer must not take any adverse action
310	310	7 against the employee, including re-verification, based on
311	311	8 the receipt of the notification.
312	312	9 (2) The employer must provide a notice to the employee
313	313	10 unless not and, if allowed by a memorandum of
314	314	11 understanding concerning the federal E-Verify system, to
315	315	12 the employee or the employee's authorized representative,
316	316	13 if any, as soon as practicable, but not more than 5
317	317	14 business days after the date of receipt of the
318	318	15 notification, unless a shorter timeline is provided for
319	319	16 under federal law or a collective bargaining agreement.
320	320	17 The notice to the employee shall include, but not be
321	321	18 limited to: (i) an explanation that the inspecting entity
322	322	19 federal or State agency has notified the employer that the
323	323	20 employee's work authorization documents presented by the
324	324	21 employee do not appear to be valid or reasonably relate to
325	325	22 the employee; and (ii) the time period the employee has to
326	326	23 contest the inspecting entity's federal or State agency's
327	327	24 determination, if any time period is required by federal
328	328	25 law. The employer shall notify the employee in person and
329	329	26 deliver the notification by hand, if possible. If hand
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340	340	1 delivery is not possible, then the employer shall notify
341	341	2 the employee by mail and email, if the email address of the
342	342	3 employee is known, and shall notify the employee's
343	343	4 authorized representative. Upon request by the employee or
344	344	5 the employee's authorized representative, the employer
345	345	6 shall give to the employee the original notice from the
346	346	7 inspecting entity federal or State agency, including, but
347	347	8 not limited to, the Social Security Administration or the
348	348	9 Internal Revenue Service, within 7 business days. This
349	349	10 original notice shall be redacted in compliance with State
350	350	11 and federal privacy laws and shall relate only to the
351	351	12 employee receiving the notification.
352	352	13 (3) The employee may have a representative of the
353	353	14 employee's choosing in any meetings, discussions, or
354	354	15 proceedings with the employer.
355	355	16 The procedures described in this subsection do not apply
356	356	17 to inspections of an employer's I-9 Employment Verification
357	357	18 Forms by an inspecting entity or any relevant procedure
358	358	19 otherwise described in subsection (g).
359	359	20 (d-1) If an employer receives notification from any
360	360	21 federal agency or other outside third party not responsible
361	361	22 for the enforcement of immigration law, including, but not
362	362	23 limited to, the Social Security Administration, the Internal
363	363	24 Revenue Service, or an insurance company, of a discrepancy as
364	364	25 it relates to an employee's individual taxpayer identification
365	365	26 number or other identifying documents, the following rights
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376	376	1 and protections are granted to the employee:
377	377	2 (1) The employer shall not take any adverse action
378	378	3 against the employee, including re-verification, based on
379	379	4 the receipt of the notification.
380	380	5 (2) The employer shall provide a notice to the
381	381	6 employee and to the employee's authorized representative,
382	382	7 if any, as soon as practicable, but not more than 5
383	383	8 business days after the date of receipt of the
384	384	9 notification, unless a shorter timeline is provided for
385	385	10 under federal law or a collective bargaining agreement.
386	386	11 The notice to the employee shall include, but not be
387	387	12 limited to: (A) an explanation that the federal agency or
388	388	13 outside third party has notified the employer that the
389	389	14 identification documents presented by the employee do not
390	390	15 appear to match; and () the time period the employee has to
391	391	16 contest the disputed information, if any such time period
392	392	17 is required by federal law.
393	393	18 (3) The employee may have a representative of the
394	394	19 employee's choosing in any meetings, discussions, or
395	395	20 proceedings with the employer.
396	396	21 (e) Except as otherwise required by federal law, an
397	397	22 employer shall provide a notice to each current employee, by
398	398	23 posting in English and in any language commonly used in the
399	399	24 workplace, of any inspections of I-9 Employment Eligibility
400	400	25 Verification forms or other employment records conducted by
401	401	26 the inspecting entity within 72 hours after receiving notice
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412	412	1 of the inspection. Written notice shall also be given within
413	413	2 72 hours to the employee's authorized representative, if any.
414	414	3 The posted notice shall contain the following information:
415	415	4 (1) the name of the entity conducting the inspections
416	416	5 of I-9 Employment Eligibility Verification forms or other
417	417	6 employment records;
418	418	7 (2) the date that the employer received notice of the
419	419	8 inspection;
420	420	9 (3) the nature of the inspection to the extent known
421	421	10 by the employer; and
422	422	11 (4) a copy of the notice received by the employer.
423	423	12 An employer, upon reasonable request, shall provide an
424	424	13 employee a copy of the Notice of Inspection of I-9 Employment
425	425	14 Eligibility Verification forms.
426	426	15 (f) On or before 6 months after the effective date of this
427	427	16 amendatory Act of the 103rd General Assembly, the Department
428	428	17 shall develop a template posting that employers may use to
429	429	18 comply with the requirements of subsection (e) to inform
430	430	19 employees of a notice of inspection to be conducted of I-9
431	431	20 Employment Eligibility Verification forms or other employment
432	432	21 records conducted by the inspecting entity. The Department
433	433	22 shall make the template available on its website so that it is
434	434	23 accessible to any employer.
435	435	24 (g) Except as otherwise required by federal law, if during
436	436	25 an inspection of the employer's I-9 Employment Eligibility
437	437	26 Verification forms by an inspecting entity, the inspecting
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448	448	1 entity makes a determination that the employee's work
449	449	2 authorization documents do not establish that the employee is
450	450	3 authorized to work in the United States and provide the
451	451	4 employer with notice of that determination, the employer shall
452	452	5 provide a written notice as set forth in this subsection to the
453	453	6 employee within 5 business days, unless a shorter timeline is
454	454	7 provided for under federal law or a collective bargaining
455	455	8 agreement. The employer's notice to the employee shall relate
456	456	9 to the employee only. The employer shall notify the employee
457	457	10 in person and deliver the notification by hand, if possible.
458	458	11 If hand delivery is not possible, then the employer shall
459	459	12 notify the employee by mail and email, if the email address of
460	460	13 the employee is known, and shall notify the employee's
461	461	14 authorized representative. The employer's notice to the
462	462	15 employee shall contain the following information:
463	463	16 (1) an explanation that the inspecting entity has
464	464	17 determined that the employee's work authorization
465	465	18 documents presented by the employee do not appear to be
466	466	19 valid or reasonably relate to the employee;
467	467	20 (2) the time period for the employee to notify the
468	468	21 employer whether the employee is contesting or not
469	469	22 contesting the determination by the inspecting entity, if
470	470	23 any time period is required by federal law;
471	471	24 (3) if known by the employer, the time and date of any
472	472	25 meeting with the employer and employee or with the
473	473	26 inspecting entity and employee related to the correction
474	474
475	475
476	476
477	477
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483	483	HB3364 - 13 - LRB104 10808 SPS 20889 b
484	484	1 of the inspecting entity's determination that the
485	485	2 employee's work authorization documents presented by the
486	486	3 employee do not appear to be valid or reasonably relate to
487	487	4 the employee; and
488	488	5 (4) notice that the employee has the right to
489	489	6 representation during any meeting scheduled with the
490	490	7 employer and the inspecting entity.
491	491	8 If the employee contests the inspecting entity's
492	492	9 determination, the employer will notify the employee within 72
493	493	10 hours after receipt of any final determination by the
494	494	11 inspecting entity related to the employee's work authorization
495	495	12 status. Upon request by the employee or the employee's
496	496	13 authorized representative, the employer shall give the
497	497	14 employee the original notice from the inspecting entity within
498	498	15 7 business days. This original notice shall be redacted in
499	499	16 compliance with State and federal privacy laws and shall
500	500	17 relate only to the employee receiving the notification.
501	501	18 (h) This Section does not require a penalty to be imposed
502	502	19 upon an employer or person who fails to provide notice to an
503	503	20 employee at the express and specific direction or request of
504	504	21 the federal government. In determining the amount of the
505	505	22 penalty, the appropriateness of the penalty to the size of the
506	506	23 business of the employer charged and the gravity of the
507	507	24 violation shall be considered. The penalty may be recovered in
508	508	25 a civil action brought by the Director in any circuit court.
509	509	26 Upon request by the employee or the employee's authorized
510	510
511	511
512	512
513	513
514	514
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516	516
517	517
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519	519	HB3364 - 14 - LRB104 10808 SPS 20889 b
520	520	1 representative, the employer shall give the employee the
521	521	2 original notice from the inspecting entity within 7 business
522	522	3 days.
523	523	4 (i) This Section applies to public and private employers.
524	524	5 (j) Nothing in this Section shall be interpreted,
525	525	6 construed, or applied to restrict or limit an employer's
526	526	7 compliance with a memorandum of understanding concerning the
527	527	8 use of the federal E-Verify system.
528	528	9 (Source: P.A. 103-879, eff. 1-1-25.)
529	529	10 (820 ILCS 55/15) (from Ch. 48, par. 2865)
530	530	11 Sec. 15. Administration and enforcement by the Department.
531	531	12 (a) It shall be the duty of the Department to enforce the
532	532	13 provisions of this Act when, in the Department's judgment,
533	533	14 there is cause and sufficient resources for investigation. The
534	534	15 Department shall have the power to conduct investigations in
535	535	16 connection with the administration and enforcement of this Act
536	536	17 and any investigator with the Department shall be authorized
537	537	18 to visit and inspect, at all reasonable times, any places
538	538	19 covered by this Act and shall be authorized to inspect, at all
539	539	20 reasonable times, records of the employer or prospective
540	540	21 employer related to its employees or prospective employees and
541	541	22 related to its participation in and compliance with the
542	542	23 E-Verify program. The Department shall have the authority to
543	543	24 request the issuance of a search warrant or subpoena to
544	544	25 inspect the files of the employer or prospective employer, if
545	545
546	546
547	547
548	548
549	549
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551	551
552	552
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554	554	HB3364 - 15 - LRB104 10808 SPS 20889 b
555	555	1 necessary. The Department shall conduct hearings in accordance
556	556	2 with the Illinois Administrative Procedure Act upon written
557	557	3 complaint by an investigator of the Department. After the
558	558	4 hearing, if supported by the evidence, the Department may (i)
559	559	5 issue and cause to be served on any party an order to cease and
560	560	6 desist from further violation of the Act, (ii) take
561	561	7 affirmative or other action as deemed reasonable to eliminate
562	562	8 the effect of the violation, and (iii) determine the amount of
563	563	9 any civil penalty allowed by the Act. The Director of Labor or
564	564	10 his or her representative may compel, by subpoena, the
565	565	11 attendance and testimony of witnesses and the production of
566	566	12 books, payrolls, records, papers, and other evidence in any
567	567	13 investigation or hearing and may administer oaths to witnesses
568	568	14 The Director of Labor or his authorized representative shall
569	569	15 administer and enforce the provisions of this Act. The
570	570	16 Director of Labor may issue rules and regulations necessary to
571	571	17 administer and enforce the provisions of this Act.
572	572	18 (b) If an employee or applicant for employment alleges
573	573	19 that he or she has been denied his or her rights under this
574	574	20 Act, he or she may file a complaint with the Department of
575	575	21 Labor. The Department shall investigate the complaint pursuant
576	576	22 to its authority under subsection (a) and shall have authority
577	577	23 to request the issuance of a search warrant or subpoena to
578	578	24 inspect the files of the employer or prospective employer, if
579	579	25 necessary. The Department shall attempt to resolve the
580	580	26 complaint by conference, conciliation, or persuasion. If the
581	581
582	582
583	583
584	584
585	585
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590	590	HB3364 - 16 - LRB104 10808 SPS 20889 b
591	591	1 complaint is not so resolved and the Department finds the
592	592	2 employer or prospective employer has violated the Act, the
593	593	3 Department may commence an action in the circuit court to
594	594	4 enforce the provisions of this Act including an action to
595	595	5 compel compliance. The circuit court for the county in which
596	596	6 the complainant resides or in which the complainant is
597	597	7 employed shall have jurisdiction in such actions.
598	598	8 (c) (Blank). If an employer or prospective employer
599	599	9 violates this Act, an employee or applicant for employment may
600	600	10 commence an action in the circuit court to enforce the
601	601	11 provisions of this Act, including actions to compel
602	602	12 compliance, where efforts to resolve the employee's or
603	603	13 applicant for employment's complaint concerning the violation
604	604	14 by conference, conciliation or persuasion under subsection (b)
605	605	15 have failed and the Department has not commenced an action in
606	606	16 circuit court to redress the violation. The circuit court for
607	607	17 the county in which the complainant resides or in which the
608	608	18 complainant is employed shall have jurisdiction in such
609	609	19 actions.
610	610	20 (d) (Blank). Failure to comply with an order of the court
611	611	21 may be punished as contempt. In addition, the court shall
612	612	22 award an employee or applicant for employment prevailing in an
613	613	23 action under this Act the following damages:
614	614	24 (1) Actual damages plus costs.
615	615	25 (2) For a willful and knowing violation of this Act,
616	616	26 $200 plus costs, reasonable attorney's fees, and actual
617	617
618	618
619	619
620	620
621	621
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623	623
624	624
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626	626	HB3364 - 17 - LRB104 10808 SPS 20889 b
627	627	1 damages.
628	628	2 (3) For a willful and knowing violation of Section
629	629	3 12(c) or Section 12(c-2) of this Act, $500 per affected
630	630	4 employee plus costs, reasonable attorney's fees, and
631	631	5 actual damages.
632	632	6 (4) For a willful and knowing violation of Section 13,
633	633	7 a civil penalty of a minimum of $2,000 up to a maximum of
634	634	8 $5,000 for a first violation and a civil penalty of a
635	635	9 minimum of $5,000 up to a maximum of $10,000 for each
636	636	10 subsequent violation per affected employee plus costs,
637	637	11 reasonable attorney's fees, and actual damages.
638	638	12 (e) Any employer or prospective employer or his agent who
639	639	13 violates the provisions of this Act is guilty of a petty
640	640	14 offense.
641	641	15 (f) Any employer or prospective employer, or the officer
642	642	16 or agent of any employer or prospective employer, who
643	643	17 discharges or in any other manner discriminates against any
644	644	18 employee or applicant for employment because that employee or
645	645	19 applicant for employment has made a complaint to his employer,
646	646	20 or to the Director of Labor or his authorized representative,
647	647	21 or because that employee or applicant for employment has
648	648	22 caused to be instituted or is about to cause to be instituted
649	649	23 any proceeding under or related to this Act, or because that
650	650	24 employee or applicant for employment has testified or is about
651	651	25 to testify in an investigation or proceeding under this Act,
652	652	26 is guilty of a petty offense.
653	653
654	654
655	655
656	656
657	657
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659	659
660	660
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662	662	HB3364 - 18 - LRB104 10808 SPS 20889 b
663	663	1 (Source: P.A. 103-879, eff. 1-1-25.)
664	664	2 (820 ILCS 55/16 new)
665	665	3 Sec. 16. Action for civil penalties brought by an
666	666	4 interested party.
667	667	5 (a) Upon a reasonable belief that an employer or
668	668	6 prospective employer covered by this Act is in violation of
669	669	7 any part of this Act, an interested party may initiate a civil
670	670	8 action in the county where the alleged offenses occurred or
671	671	9 where any party to the action resides, asserting that a
672	672	10 violation of the Act has occurred, pursuant to the following
673	673	11 sequence of events:
674	674	12 (1) The interested party submits to the Department of
675	675	13 Labor a complaint describing the violation and employer or
676	676	14 prospective employer alleged to have violated this Act.
677	677	15 (2) The Department sends notice of complaint to the
678	678	16 named parties alleged to have violated this Act and the
679	679	17 interested party. The named parties may either contest the
680	680	18 alleged violation or attempt to cure the alleged
681	681	19 violation.
682	682	20 (3) The named parties contest or cure the alleged
683	683	21 violation within 30 days after the receipt of the notice
684	684	22 of complaint or, if the named party does not respond
685	685	23 within 30 days, the Department issues a notice of right to
686	686	24 sue to the interested party as described in paragraph (4).
687	687	25 (4) The Department issues a notice of right to sue to
688	688
689	689
690	690
691	691
692	692
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694	694
695	695
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697	697	HB3364 - 19 - LRB104 10808 SPS 20889 b
698	698	1 the interested party, if one or more of the following has
699	699	2 occurred:
700	700	3 (i) the named party has cured the alleged
701	701	4 violation to the satisfaction of the Director;
702	702	5 (ii) the Director has determined that the
703	703	6 allegation is unjustified or that the Department does
704	704	7 not have jurisdiction over the matter or the parties;
705	705	8 or
706	706	9 (iii) the Director has determined that the
707	707	10 allegation is justified or has not made a
708	708	11 determination, and either has decided not to exercise
709	709	12 jurisdiction over the matter or has concluded
710	710	13 administrative enforcement of the matter.
711	711	14 (b) If within 180 days after service of the notice of
712	712	15 complaint to the parties, the Department has not (i) resolved
713	713	16 the contest and cure period, (ii) with the mutual agreement of
714	714	17 the parties, extended the time for the named party to cure the
715	715	18 violation and resolve the complaint, or (iii) issued a right
716	716	19 to sue letter, the interested party may initiate a civil
717	717	20 action for penalties. The parties may extend the 180-day
718	718	21 period by mutual agreement. The limitations period for the
719	719	22 interested party to bring an action for the alleged violation
720	720	23 of the Act shall be tolled for the 180-day period and for the
721	721	24 period of any mutually agreed extensions. At the end of the
722	722	25 180-day period, or any mutually agreed extensions, the
723	723	26 Department shall issue a right to sue letter to the interested
724	724
725	725
726	726
727	727
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730	730
731	731
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733	733	HB3364 - 20 - LRB104 10808 SPS 20889 b
734	734	1 party.
735	735	2 (c) Upon receipt of a right to sue letter from the
736	736	3 Department, an interested party may bring a civil action in
737	737	4 the county where the alleged offenses occurred or where any
738	738	5 party to the action resides, in the name of the State and for
739	739	6 the benefit of any impacted day or temporary laborers.
740	740	7 (1) No later than 30 days after filing an action, the
741	741	8 interested party shall serve upon the State through the
742	742	9 Attorney General a copy of the complaint and written
743	743	10 disclosure of substantially all material evidence and
744	744	11 information the interested party possesses.
745	745	12 (2) The State may elect to intervene and proceed with
746	746	13 the action no later than 60 days after it receives both the
747	747	14 complaint and the material evidence and information. The
748	748	15 State may, for good cause shown, move the court for an
749	749	16 extension of the time to intervene and proceed with the
750	750	17 action.
751	751	18 (3) Before the expiration of the 60-day period or any
752	752	19 extensions under subparagraph (2), the State shall:
753	753	20 (i) proceed with the action, in which case the
754	754	21 action shall be conducted by the State; or
755	755	22 (ii) notify the court that it declines to take the
756	756	23 action, in which case the interested party bringing
757	757	24 the action shall have the right to conduct the action.
758	758	25 (4) When the State conducts the action, the interested
759	759	26 party shall have the right to continue as a party to the
760	760
761	761
762	762
763	763
764	764
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766	766
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770	770	1 action subject to the following limitations:
771	771	2 (i) the State may dismiss the action
772	772	3 notwithstanding the objections of the interested party
773	773	4 initiating the action if the interested party has been
774	774	5 notified by the State of the filing of the motion and
775	775	6 the court has provided the interested party with an
776	776	7 opportunity for a hearing on the motion; and
777	777	8 (ii) the State may settle the action with the
778	778	9 defendant notwithstanding the objections of the person
779	779	10 initiating the action if the court determines, after a
780	780	11 hearing, that the proposed settlement is fair,
781	781	12 adequate, and reasonable under all the circumstances.
782	782	13 (5) If an interested party brings an action under this
783	783	14 Section, no person other than the State may intervene or
784	784	15 bring a related action on behalf of the State based on the
785	785	16 facts underlying the pending action.
786	786	17 (6) An action brought in court by an interested party
787	787	18 under this Section may be dismissed if the court and the
788	788	19 Attorney General give written consent to the dismissal and
789	789	20 their reasons for consenting.
790	790	21 (d) Any claim or action filed by an interested party under
791	791	22 this Section shall be made no later 3 years after the alleged
792	792	23 conduct resulting in the complaint, plus any period for which
793	793	24 the limitations period has been tolled.
794	794	25 (e) In an action brought by an interested party under this
795	795	26 Section, an interested party may recover against the covered
796	796
797	797
798	798
799	799
800	800
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802	802
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805	805	HB3364 - 22 - LRB104 10808 SPS 20889 b
806	806	1 entity any statutory penalties set forth in Section 17,
807	807	2 injunctive relief, and any other relief available to the
808	808	3 Department. An interested party who prevails in a civil action
809	809	4 shall receive 10% of any statutory penalties assessed, plus
810	810	5 any attorney's fees and costs. The remaining 90% of any
811	811	6 statutory penalties assessed shall be deposited into a special
812	812	7 fund of the Department for enforcement of this Act.
813	813	8 (820 ILCS 55/17 new)
814	814	9 Sec. 17. Private right of action.
815	815	10 (a) A person aggrieved by a violation of this Act or any
816	816	11 rule adopted under this Act by an employer or prospective
817	817	12 employer may file suit in circuit court of Illinois, in the
818	818	13 county where the alleged offense occurred, where the employee
819	819	14 or prospective employee who is party to the action resides or
820	820	15 where the employer or prospective employer which is party to
821	821	16 the action is located, without regard to exhaustion of any
822	822	17 alternative administrative remedies provided in this Act.
823	823	18 Actions may be brought by one or more day or affected employees
824	824	19 or prospective employees for and on behalf of themselves and
825	825	20 employees or prospective employees similarly situated. An
826	826	21 employee or prospective employee may recover for a violation
827	827	22 of the Act under this Section or under Section 15 or 16 at the
828	828	23 employee or prospective employee's option, but not under more
829	829	24 than one Section. An employee or prospective employee whose
830	830	25 rights have been violated under this Act by an employer or
831	831
832	832
833	833
834	834
835	835
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837	837
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840	840	HB3364 - 23 - LRB104 10808 SPS 20889 b
841	841	1 prospective employer is entitled to collect under this
842	842	2 Section:
843	843	3 (1) in the case of a violation of this Act or any rule
844	844	4 adopted under this Act as it relates to the employee or
845	845	5 prospective employee, a civil penalty of not less than
846	846	6 $100 and not more than $1,000 for each violation found by a
847	847	7 court;
848	848	8 (2) in the event a violation of this Act or any rule
849	849	9 adopted under this Act as it relates to denial or loss of
850	850	10 employment for the employee or prospective employee, all
851	851	11 relief necessary to make the employee whole, including,
852	852	12 but not limited to the following:
853	853	13 (i) reinstatement with the same seniority status
854	854	14 that the employee would have had, but for the
855	855	15 violation, as appropriate;
856	856	16 (ii) back pay, with interest, as appropriate; and
857	857	17 (iii) a civil penalty of $10,000; and
858	858	18 (3) compensation for any damages sustained as a result
859	859	19 of the violation, including litigation costs, expert
860	860	20 witness fees, and reasonable attorney's fees.
861	861	21 (b) The right of an aggrieved person to bring an action
862	862	22 under this Section terminates upon the passing of 3 years
863	863	23 after the date of the violation. This limitations period is
864	864	24 tolled if an employer or prospective employer has failed to
865	865	25 provide an employee or prospective employer information
866	866	26 required under this Act or has deterred an employee or
867	867
868	868
869	869
870	870
871	871
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873	873
874	874
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876	876	HB3364 - 24 - LRB104 10808 SPS 20889 b
877	877	1 prospective employee from the exercise of rights under this
878	878	2 Act.
879	879	3 (820 ILCS 55/18 new)
880	880	4 Sec. 18. Penalties.
881	881	5 (a) An employer or prospective employer that violates any
882	882	6 of the provisions of this Act or any rule adopted under this
883	883	7 Act shall be subject to a civil penalty of not less than $100
884	884	8 and not more than $1,000 for each violation of his Act found by
885	885	9 the Department or determined by a court in a civil action
886	886	10 brought by the Department or by an interested party, or
887	887	11 determined by a court in a civil action brought by the Attorney
888	888	12 General pursuant to its authority under Section 6.3 of the
889	889	13 Attorney General Act. An employer or prospective employer that
890	890	14 commits a subsequent violation of the same provisions or this
891	891	15 Act or any rule adopted under this Act within a 3-year period
892	892	16 shall be subject to a civil penalty of not less than $1,000 and
893	893	17 not more than $5,000 for each violation of his Act found by the
894	894	18 Department or determined by a court in a civil action brought
895	895	19 by the Department or by an interested party, or determined by a
896	896	20 court in a civil action brought by the Attorney General
897	897	21 pursuant to its authority under Section 6.3 of the Attorney
898	898	22 General Act. For purposes of this subsection, each violation
899	899	23 of this Act or any rule adopted under this Act shall constitute
900	900	24 a separate and distinct violation.
901	901	25 (b) In determining the amount of a penalty, the Director
902	902
903	903
904	904
905	905
906	906
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908	908
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912	912	1 or circuit court shall consider the appropriateness of the
913	913	2 penalty to the size of the business of the employer charged and
914	914	3 the gravity of the violation shall be considered.
915	915	4 (c) The Department shall adopt rules for violation
916	916	5 hearings and penalties for violations of this Act or the
917	917	6 Department's rules in conjunction with the penalties set forth
918	918	7 in this Act. Any administrative determination by the
919	919	8 Department as to the amount of each penalty shall be final
920	920	9 unless reviewed as provided in Section 17 of this Act.
921	921	10 (820 ILCS 55/19 new)
922	922	11 Sec. 19. Review under the Administrative Review Law. Any
923	923	12 party to a proceeding under this Act may apply for and obtain
924	924	13 judicial review of an order of the Department entered under
925	925	14 this Act in accordance with the provisions of the
926	926	15 Administrative Review Law and the Department in proceedings
927	927	16 under this Act may obtain an order from the court for the
928	928	17 enforcement of its order.
929	929	18 (820 ILCS 55/20) (from Ch. 48, par. 2870)
930	930	19 Sec. 20. Dismissal of complaint. The Director or any court
931	931	20 of competent jurisdiction shall summarily dismiss any
932	932	21 complaint alleging a violation of Section 5 of this Act which
933	933	22 states as the sole cause of the complaint that the employer
934	934	23 offered a health, disability, or life insurance policy that
935	935	24 makes a distinction between employees for the type of coverage
936	936
937	937
938	938
939	939
940	940
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942	942
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946	946
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