IL
Illinois Senate Bill SB2339

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2339 Compare Versions

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1-SB2339 EngrossedLRB104 09425 SPS 19485 b SB2339 Engrossed LRB104 09425 SPS 19485 b
2- SB2339 Engrossed LRB104 09425 SPS 19485 b
1+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2339 Introduced 2/7/2025, by Sen. Javier L. Cervantes 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 09425 SPS 19485 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2339 Introduced 2/7/2025, by Sen. Javier L. Cervantes 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 09425 SPS 19485 b LRB104 09425 SPS 19485 b A BILL FOR
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2339 Introduced 2/7/2025, by Sen. Javier L. Cervantes SYNOPSIS AS INTRODUCED:
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+820 ILCS 55/12
5+820 ILCS 55/13
6+820 ILCS 55/15 from Ch. 48, par. 2865
7+820 ILCS 55/16 new
8+820 ILCS 55/17 new
9+820 ILCS 55/18 new
10+820 ILCS 55/19 new
11+820 ILCS 55/20 from Ch. 48, par. 2870
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+LRB104 09425 SPS 19485 b LRB104 09425 SPS 19485 b
14+ LRB104 09425 SPS 19485 b
15+A BILL FOR
16+SB2339LRB104 09425 SPS 19485 b SB2339 LRB104 09425 SPS 19485 b
17+ SB2339 LRB104 09425 SPS 19485 b
318 1 AN ACT concerning employment.
419 2 Be it enacted by the People of the State of Illinois,
520 3 represented in the General Assembly:
621 4 Section 5. The Right to Privacy in the Workplace Act is
7-5 amended by changing Sections 12, 13, 15, and 20 and by adding
8-6 Sections 16, 17, 18, 19, and 25 as follows:
22+5 amended by changing Sections 12, 13, and 15 and by adding
23+6 Sections 16, 17, 18, 19 and 20 as follows:
924 7 (820 ILCS 55/12)
1025 8 Sec. 12. Use of Employment Eligibility Verification
1126 9 Systems.
1227 10 (a) Prior to enrolling in any Electronic Employment
13-11 Verification System, including the E-Verify program and the
28+11 Verification System, including the E-Verify program or and the
1429 12 Basic Pilot program, as authorized by 8 U.S.C. 1324a, Notes,
1530 13 Pilot Programs for Employment Eligibility Confirmation
1631 14 (enacted by P.L. 104-208, div. C, title IV, subtitle A),
17-15 renamed the E-Verify program, employers are urged to consult
18-16 the Illinois Department of Labor's website for current
19-17 information on the accuracy of the E-Verify program and to
20-18 review and understand an employer's legal responsibilities
21-19 relating to the use of the E-Verify program. Nothing in this
22-20 Act shall be construed to require an employer to enroll in any
23-21 Electronic Employment Verification System, including the
24-22 E-Verify program and the Basic Pilot program, as authorized by
25-23 8 U.S.C. 1324a, Notes, Pilot Programs for Employment
32+15 employers are urged to consult the Illinois Department of
33+16 Labor's website for current information on the accuracy of the
34+17 E-Verify program and to review and understand an employer's
35+18 legal responsibilities relating to the use of the E-Verify
36+19 program. Nothing in this Act shall be construed to require an
37+20 employer to enroll in any Electronic Employment Verification
38+21 System, including the E-Verify program and the Basic Pilot
39+22 program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
40+23 Programs for Employment Eligibility Confirmation (enacted by
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34-1 Eligibility Confirmation (enacted by P.L. 104-208, div. C,
35-2 title IV, subtitle A) beyond those obligations that have been
36-3 imposed upon them by federal law. Nothing in this Act shall be
37-4 construed to prohibit an employer from enrolling in any
38-5 Electronic Employment Verification System, including the
39-6 E-Verify program, whether voluntarily or as required or
40-7 permitted by federal law.
41-8 (a-1) The Illinois Department of Labor (IDOL) shall post
42-9 on its website information or links to information from the
43-10 United States Government Accountability Office, Westat, or a
44-11 similar reliable source independent of the Department of
45-12 Homeland Security regarding: (1) the accuracy of the E-Verify
46-13 databases; (2) the approximate financial burden and
47-14 expenditure of time that use of E-Verify requires from
48-15 employers; and (3) an overview of an employer's
49-16 responsibilities under federal and state law relating to the
50-17 use of E-Verify.
51-18 (b) Upon initial enrollment in an Employment Eligibility
52-19 Verification System or within 30 days after the effective date
53-20 of this amendatory Act of the 96th General Assembly, an
54-21 employer enrolled in E-Verify or any other Employment
55-22 Eligibility Verification System must attest, under penalty of
56-23 perjury, on a form prescribed by the IDOL available on the IDOL
57-24 website:
58-25 (1) that the employer has received the Basic Pilot or
59-26 E-Verify training materials from the Department of
44+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2339 Introduced 2/7/2025, by Sen. Javier L. Cervantes SYNOPSIS AS INTRODUCED:
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+820 ILCS 55/12
47+820 ILCS 55/13
48+820 ILCS 55/15 from Ch. 48, par. 2865
49+820 ILCS 55/16 new
50+820 ILCS 55/17 new
51+820 ILCS 55/18 new
52+820 ILCS 55/19 new
53+820 ILCS 55/20 from Ch. 48, par. 2870
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.
55+LRB104 09425 SPS 19485 b LRB104 09425 SPS 19485 b
56+ LRB104 09425 SPS 19485 b
57+A BILL FOR
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63+820 ILCS 55/12
64+820 ILCS 55/13
65+820 ILCS 55/15 from Ch. 48, par. 2865
66+820 ILCS 55/16 new
67+820 ILCS 55/17 new
68+820 ILCS 55/18 new
69+820 ILCS 55/19 new
70+820 ILCS 55/20 from Ch. 48, par. 2870
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70-1 Homeland Security (DHS), and that all employees who will
71-2 administer the program have completed the Basic Pilot or
72-3 E-Verify Computer Based Tutorial (CBT); and
73-4 (2) that the employer has posted the notice from DHS
74-5 indicating that the employer is enrolled in the Basic
75-6 Pilot or E-Verify program and the anti-discrimination
76-7 notice issued by the Immigrant and Employee Rights Section
77-8 (IER) Office of Special Counsel for Immigration-Related
78-9 Unfair Employment Practices (OSC), Civil Rights Division,
79-10 U.S. Department of Justice in a prominent place that is
80-11 clearly visible to both prospective and current employees.
81-12 The employer must maintain the signed original of the
82-13 attestation form prescribed by the IDOL, as well as all
83-14 CBT certificates of completion and make them available for
84-15 inspection or copying by the IDOL at any reasonable time.
85-16 (c) It is a violation of this Act for an employer enrolled
86-17 in an Employment Eligibility Verification System, including
87-18 the E-Verify program and the Basic Pilot program:
88-19 (1) to fail to display the notices supplied by DHS and
89-20 IER OSC in a prominent place that is clearly visible to
90-21 both prospective and current employees;
91-22 (2) to allow any employee to use an Employment
92-23 Eligibility Verification System prior to having completed
93-24 CBT;
94-25 (3) to fail to take reasonable steps to prevent an
95-26 employee from circumventing the requirement to complete
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106-1 the CBT by assuming another employee's E-Verify or Basic
107-2 Pilot user identification or password;
108-3 (4) to use the Employment Eligibility Verification
109-4 System to verify the employment eligibility of job
110-5 applicants prior to hiring or to otherwise use the
111-6 Employment Eligibility Verification System to screen
112-7 individuals prior to hiring and prior to the completion of
113-8 a Form I-9;
114-9 (5) to terminate an employee or take any other adverse
115-10 employment action against an individual prior to receiving
116-11 a final nonconfirmation notice from the Social Security
117-12 Administration or the Department of Homeland Security;
118-13 (6) to fail to notify an individual, in writing, of
119-14 the employer's receipt of a tentative nonconfirmation
120-15 notice, of the individual's right to contest the tentative
121-16 nonconfirmation notice, and of the contact information for
122-17 the relevant government agency or agencies that the
123-18 individual must contact to resolve the tentative
124-19 nonconfirmation notice;
125-20 (7) to fail to safeguard the information contained in
126-21 the Employment Eligibility Verification System, and the
127-22 means of access to the system (such as passwords and other
128-23 privacy protections). An employer shall ensure that the
129-24 System is not used for any purpose other than employment
130-25 verification of newly hired employees and shall ensure
131-26 that the information contained in the System and the means
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89+1 P.L. 104-208, div. C, title IV, subtitle A) beyond those
90+2 obligations that have been imposed upon them by federal law.
91+3 Nothing in this Act shall be construed to prohibit an employer
92+4 from enrolling in any Electronic Employment Verification
93+5 System, including the E-Verify program, as required or
94+6 permitted by federal law.
95+7 (a-1) The Illinois Department of Labor (IDOL) shall post
96+8 on its website information or links to information from the
97+9 United States Government Accountability Office, Westat, or a
98+10 similar reliable source independent of the Department of
99+11 Homeland Security regarding: (1) the accuracy of the E-Verify
100+12 databases; (2) the approximate financial burden and
101+13 expenditure of time that use of E-Verify requires from
102+14 employers; and (3) an overview of an employer's
103+15 responsibilities under federal and state law relating to the
104+16 use of E-Verify.
105+17 (b) Upon initial enrollment in an Employment Eligibility
106+18 Verification System or within 30 days after the effective date
107+19 of this amendatory Act of the 96th General Assembly, an
108+20 employer enrolled in E-Verify or any other Employment
109+21 Eligibility Verification System must attest, under penalty of
110+22 perjury, on a form prescribed by the IDOL available on the IDOL
111+23 website:
112+24 (1) that the employer has received the Basic Pilot or
113+25 E-Verify training materials from the Department of
114+26 Homeland Security (DHS), and that all employees who will
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142-1 of access to the System are not disseminated to any person
143-2 other than employees who need such information and access
144-3 to perform the employer's employment verification
145-4 responsibilities.
146-5 (c-1) Any claim that an employer refused to hire,
147-6 segregated, or acted with respect to recruitment, hiring,
148-7 promotion, renewal or employment, selection for training or
149-8 apprenticeship, discharge, discipline, tenure or terms,
150-9 privileges, or conditions of employment without following the
151-10 procedures of the Employment Eligibility Verification System,
152-11 including the Basic Pilot and the E-Verify program programs,
153-12 may be brought under paragraph (G)(2) of Section 2-102 of the
154-13 Illinois Human Rights Act.
155-14 (c-2) It is a violation of this Section for an individual
156-15 to falsely pose as an employer in order to enroll in an
157-16 Employment Eligibility Verification System or for an employer
158-17 to use an Employment Eligibility Verification System to access
159-18 information regarding an individual who is not an employee of
160-19 the employer.
161-20 (d) Preemption. Neither the State nor any of its political
162-21 subdivisions, nor any unit of local government, including a
163-22 home rule unit, may require any employer to use an Employment
164-23 Eligibility Verification System, including under the following
165-24 circumstances:
166-25 (1) as a condition of receiving a government contract;
167-26 (2) as a condition of receiving a business license; or
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125+1 administer the program have completed the Basic Pilot or
126+2 E-Verify Computer Based Tutorial (CBT); and
127+3 (2) that the employer has posted the notice from DHS
128+4 indicating that the employer is enrolled in the Basic
129+5 Pilot or E-Verify program and the anti-discrimination
130+6 notice issued by the Office of Special Counsel for
131+7 Immigration-Related Unfair Employment Practices (OSC),
132+8 Civil Rights Division, U.S. Department of Justice in a
133+9 prominent place that is clearly visible to both
134+10 prospective and current employees. The employer must
135+11 maintain the signed original of the attestation form
136+12 prescribed by the IDOL, as well as all CBT certificates of
137+13 completion and make them available for inspection or
138+14 copying by the IDOL at any reasonable time.
139+15 (c) It is a violation of this Act for an employer enrolled
140+16 in an Employment Eligibility Verification System, including
141+17 the E-Verify program and the Basic Pilot program:
142+18 (1) to fail to display the notices supplied by DHS and
143+19 OSC in a prominent place that is clearly visible to both
144+20 prospective and current employees;
145+21 (2) to allow any employee to use an Employment
146+22 Eligibility Verification System prior to having completed
147+23 CBT;
148+24 (3) to fail to take reasonable steps to prevent an
149+25 employee from circumventing the requirement to complete
150+26 the CBT by assuming another employee's E-Verify or Basic
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178-1 (3) as penalty for violating licensing or other
179-2 similar laws.
180-3 This subsection (d) is a denial and limitation of home
181-4 rule powers and functions under subsection (h) of Section 6 of
182-5 Article VII of the Illinois Constitution.
183-6 (Source: P.A. 103-879, eff. 1-1-25.)
184-7 (820 ILCS 55/13)
185-8 Sec. 13. Restrictions on the use of Employment Eligibility
186-9 Verification Systems.
187-10 (a) As used in this Section:
188-11 "Employee's authorized representative" means an exclusive
189-12 collective bargaining representative, an attorney, or, upon
190-13 written notification to the employer, any other representative
191-14 authorized by the employee.
192-15 "Inspecting entity" means the U.S. Department of Homeland
193-16 Security, the Immigrant Employee Rights Section, or the U.S.
194-17 Department of Labor, as required under 8 U.S.C. 1324a(b)(3)
195-18 Immigration and Customs Enforcement, United States Customs and
196-19 Border Protection, or any other federal entity enforcing civil
197-20 immigration violations of an employer's I-9 Employment
198-21 Eligibility Verification forms.
199-22 (b) An employer shall not impose work authorization
200-23 verification or re-verification requirements greater than
201-24 those required by federal law or, if enrolled in an Employment
202-25 Eligibility Verification System, including the E-Verify
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161+1 Pilot user identification or password;
162+2 (4) to use the Employment Eligibility Verification
163+3 System to verify the employment eligibility of job
164+4 applicants prior to hiring or to otherwise use the
165+5 Employment Eligibility Verification System to screen
166+6 individuals prior to hiring and prior to the completion of
167+7 a Form I-9;
168+8 (5) to terminate an employee or take any other adverse
169+9 employment action against an individual prior to receiving
170+10 a final nonconfirmation notice from the Social Security
171+11 Administration or the Department of Homeland Security;
172+12 (6) to fail to notify an individual, in writing, of
173+13 the employer's receipt of a tentative nonconfirmation
174+14 notice, of the individual's right to contest the tentative
175+15 nonconfirmation notice, and of the contact information for
176+16 the relevant government agency or agencies that the
177+17 individual must contact to resolve the tentative
178+18 nonconfirmation notice;
179+19 (7) to fail to safeguard the information contained in
180+20 the Employment Eligibility Verification System, and the
181+21 means of access to the system (such as passwords and other
182+22 privacy protections). An employer shall ensure that the
183+23 System is not used for any purpose other than employment
184+24 verification of newly hired employees and shall ensure
185+25 that the information contained in the System and the means
186+26 of access to the System are not disseminated to any person
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213-1 program, shall not impose work authorization verification or
214-2 re-verification requirements greater than those required by
215-3 the Employment Eligibility Verification System, including the
216-4 E-Verify program.
217-5 (c) If an employer contends that there is a discrepancy in
218-6 an employee's employment verification information, the
219-7 employer must provide the employee with:
220-8 (1) The specific document or documents, if made
221-9 available to the employer, that the employer deems to be
222-10 deficient and the reason why the document or documents are
223-11 deficient. Upon request by the employee or the employee's
224-12 authorized representative, the employer shall give to the
225-13 employee the original document forming the basis for the
226-14 employer's contention of deficiency within 7 business
227-15 days, unless a shorter timeline is provided for under a
228-16 collective bargaining agreement.
229-17 (2) Instructions on how the employee can correct the
230-18 alleged deficient documents if required to do so by law.
231-19 (3) An explanation of the employee's right to have
232-20 representation present during related meetings,
233-21 discussions, or proceedings with the employer. If the
234-22 alleged discrepancy is based on information obtained
235-23 through the employer's participation in the E-Verify
236-24 program, the right to representation shall apply unless
237-25 not , if allowed by a memorandum of understanding
238-26 concerning the federal E-Verify system.
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197+1 other than employees who need such information and access
198+2 to perform the employer's employment verification
199+3 responsibilities.
200+4 (c-1) Any claim that an employer refused to hire,
201+5 segregated, or acted with respect to recruitment, hiring,
202+6 promotion, renewal or employment, selection for training or
203+7 apprenticeship, discharge, discipline, tenure or terms,
204+8 privileges, or conditions of employment without following the
205+9 procedures of the Employment Eligibility Verification System,
206+10 including the Basic Pilot and the E-Verify program programs,
207+11 may be brought under paragraph (G)(2) of Section 2-102 of the
208+12 Illinois Human Rights Act.
209+13 (c-2) It is a violation of this Section for an individual
210+14 to falsely pose as an employer in order to enroll in an
211+15 Employment Eligibility Verification System or for an employer
212+16 to use an Employment Eligibility Verification System to access
213+17 information regarding an individual who is not an employee of
214+18 the employer.
215+19 (d) Preemption. Neither the State nor any of its political
216+20 subdivisions, nor any unit of local government, including a
217+21 home rule unit, may require any employer to use an Employment
218+22 Eligibility Verification System, including under the following
219+23 circumstances:
220+24 (1) as a condition of receiving a government contract;
221+25 (2) as a condition of receiving a business license; or
222+26 (3) as penalty for violating licensing or other
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249-1 (4) An explanation of any other rights that the
250-2 employee may have in connection with the employer's
251-3 contention.
252-4 (d) (Blank). When an employer receives notification from
253-5 any federal or State agency, including, but not limited to,
254-6 the Social Security Administration or the Internal Revenue
255-7 Service, of a discrepancy as it relates to work authorization,
256-8 the following rights and protections are granted to the
257-9 employee:
258-10 (1) The employer must not take any adverse action
259-11 against the employee, including re-verification, based on
260-12 the receipt of the notification.
261-13 (2) The employer must provide a notice to the employee
262-14 and, if allowed by a memorandum of understanding
263-15 concerning the federal E-Verify system, to the employee's
264-16 authorized representative, if any, as soon as practicable,
265-17 but not more than 5 business days after the date of receipt
266-18 of the notification, unless a shorter timeline is provided
267-19 for under federal law or a collective bargaining
268-20 agreement. The notice to the employee shall include, but
269-21 not be limited to: (i) an explanation that the federal or
270-22 State agency has notified the employer that the employee's
271-23 work authorization documents presented by the employee do
272-24 not appear to be valid or reasonably relate to the
273-25 employee; and (ii) the time period the employee has to
274-26 contest the federal or State agency's determination. The
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232+ SB2339 - 6 - LRB104 09425 SPS 19485 b
233+1 similar laws.
234+2 This subsection (d) is a denial and limitation of home
235+3 rule powers and functions under subsection (h) of Section 6 of
236+4 Article VII of the Illinois Constitution.
237+5 (Source: P.A. 103-879, eff. 1-1-25.)
238+6 (820 ILCS 55/13)
239+7 Sec. 13. Restrictions on the use of Employment Eligibility
240+8 Verification Systems.
241+9 (a) As used in this Section:
242+10 "Employee's authorized representative" means an exclusive
243+11 collective bargaining representative, an attorney or, upon
244+12 written notification to the employer, any other representative
245+13 authorized by the employee.
246+14 "Inspecting entity" means the U.S. Immigration and Customs
247+15 Enforcement, United States Customs and Border Protection, or
248+16 any other federal entity enforcing civil immigration
249+17 violations of an employer's I-9 Employment Eligibility
250+18 Verification forms.
251+19 (b) An employer shall not impose work authorization
252+20 verification or re-verification requirements greater than
253+21 those required by federal law or, if enrolled in an Employment
254+22 Eligibility Verification System, including the E-Verify
255+23 program, shall not impose work authorization verification or
256+24 re-verification requirements greater than those required by
257+25 the Employment Eligibility Verification System, including the
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285-1 employer shall notify the employee in person and deliver
286-2 the notification by hand, if possible. If hand delivery is
287-3 not possible, then the employer shall notify the employee
288-4 by mail and email, if the email address of the employee is
289-5 known, and shall notify the employee's authorized
290-6 representative. Upon request by the employee or the
291-7 employee's authorized representative, the employer shall
292-8 give to the employee the original notice from the federal
293-9 or State agency, including, but not limited to, the Social
294-10 Security Administration or the Internal Revenue Service,
295-11 within 7 business days. This original notice shall be
296-12 redacted in compliance with State and federal privacy laws
297-13 and shall relate only to the employee receiving the
298-14 notification.
299-15 (3) The employee may have a representative of the
300-16 employee's choosing in any meetings, discussions, or
301-17 proceedings with the employer.
302-18 The procedures described in this subsection do not apply
303-19 to inspections of an employer's I-9 Employment Verification
304-20 Forms by an inspecting entity or any relevant procedure
305-21 otherwise described in subsection (g).
306-22 (d-5) If an employer receives a written notification from
307-23 any federal agency or other outside vendor not responsible for
308-24 the enforcement of immigration law, including, but not limited
309-25 to, the Social Security Administration, the Internal Revenue
310-26 Service, or an insurance company, of a discrepancy as it
266+SB2339- 7 -LRB104 09425 SPS 19485 b SB2339 - 7 - LRB104 09425 SPS 19485 b
267+ SB2339 - 7 - LRB104 09425 SPS 19485 b
268+1 E-Verify program.
269+2 (c) If an employer contends that there is a discrepancy in
270+3 an employee's employment verification information, the
271+4 employer must provide the employee with:
272+5 (1) The specific document or documents, if made
273+6 available to the employer, that the employer deems to be
274+7 deficient and the reason why the document or documents are
275+8 deficient. Upon request by the employee or the employee's
276+9 authorized representative, the employer shall give to the
277+10 employee the original document forming the basis for the
278+11 employer's contention of deficiency within 7 business
279+12 days.
280+13 (2) Instructions on how the employee can correct the
281+14 alleged deficient documents if required to do so by law.
282+15 (3) An explanation of the employee's right to have
283+16 representation present during related meetings,
284+17 discussions, or proceedings with the employer. If the
285+18 alleged discrepancy is based on information obtained
286+19 through the employer's participation in the E-Verify
287+20 program, the right to representation shall apply unless
288+21 not , if allowed by a memorandum of understanding
289+22 concerning the federal E-Verify system.
290+23 (4) An explanation of any other rights that the
291+24 employee may have in connection with the employer's
292+25 contention.
293+26 (d) If When an employer receives notification from an
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321-1 relates to an employee's individual taxpayer identification
322-2 number or other identifying documents, the following rights
323-3 and protections are granted to the employee:
324-4 (1) The employer shall not take any adverse action
325-5 against the employee, including requiring an employee to
326-6 re-verify the employee's authorization to work in the
327-7 United States solely based on the receipt of the
328-8 notification.
329-9 (2) The employer shall provide a notice to the
330-10 employee and to the employee's authorized representative,
331-11 if any, as soon as practicable, but not more than 5
332-12 business days after the date of receipt of the
333-13 notification or after the employer makes the determination
334-14 that an employee must respond to the notification in any
335-15 manner, whichever is longer, unless a shorter timeline is
336-16 provided for under federal law or a collective bargaining
337-17 agreement. The employer shall notify the employee in
338-18 person and deliver the notification by hand, if possible.
339-19 If hand delivery is not possible, then the employer shall
340-20 notify the employee by mail and email, if the email
341-21 address of the employee is known, and shall notify the
342-22 employee's authorized representative. Upon request by the
343-23 employee or the employee's authorized representative, the
344-24 employer shall give to the employee the original
345-25 notification. The notice to the employee shall include,
346-26 but shall not be limited to: (A) an explanation that the
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303+ SB2339 - 8 - LRB104 09425 SPS 19485 b
304+1 inspecting entity any federal or State agency, including, but
305+2 not limited to, the Social Security Administration or the
306+3 Internal Revenue Service, of a discrepancy as it relates to
307+4 work authorization, the following rights and protections are
308+5 granted to the employee:
309+6 (1) The employer must not take any adverse action
310+7 against the employee, including re-verification, based on
311+8 the receipt of the notification.
312+9 (2) The employer must provide a notice to the employee
313+10 unless not and, if allowed by a memorandum of
314+11 understanding concerning the federal E-Verify system, to
315+12 the employee or the employee's authorized representative,
316+13 if any, as soon as practicable, but not more than 5
317+14 business days after the date of receipt of the
318+15 notification, unless a shorter timeline is provided for
319+16 under federal law or a collective bargaining agreement.
320+17 The notice to the employee shall include, but not be
321+18 limited to: (i) an explanation that the inspecting entity
322+19 federal or State agency has notified the employer that the
323+20 employee's work authorization documents presented by the
324+21 employee do not appear to be valid or reasonably relate to
325+22 the employee; and (ii) the time period the employee has to
326+23 contest the inspecting entity's federal or State agency's
327+24 determination, if any time period is required by federal
328+25 law. The employer shall notify the employee in person and
329+26 deliver the notification by hand, if possible. If hand
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357-1 federal agency or outside vendor not responsible for the
358-2 enforcement of immigration law has notified the employer
359-3 that the identification documents presented by the
360-4 employee do not appear to match; (B) the time period the
361-5 employee has to contest the disputed information, if such
362-6 a time period is required by federal law; and (C) any
363-7 action the employer is requiring the employee to take.
364-8 (3) The employee may have a representative of the
365-9 employee's choosing in any meetings, discussions, or
366-10 proceedings with the employer.
367-11 (e) Except as otherwise required by federal law, an
368-12 employer shall provide a notice to each current employee, by
369-13 posting in English and in any language commonly used in the
370-14 workplace, of any inspections of I-9 Employment Eligibility
371-15 Verification forms or other employment records conducted by
372-16 the inspecting entity within 72 hours after receiving notice
373-17 of the inspection. Written notice shall also be given within
374-18 72 hours to the employee's authorized representative, if any.
375-19 The posted notice shall contain the following information:
376-20 (1) the name of the entity conducting the inspections
377-21 of I-9 Employment Eligibility Verification forms or other
378-22 employment records;
379-23 (2) the date that the employer received notice of the
380-24 inspection;
381-25 (3) the nature of the inspection to the extent known
382-26 by the employer; and
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339+ SB2339 - 9 - LRB104 09425 SPS 19485 b
340+1 delivery is not possible, then the employer shall notify
341+2 the employee by mail and email, if the email address of the
342+3 employee is known, and shall notify the employee's
343+4 authorized representative. Upon request by the employee or
344+5 the employee's authorized representative, the employer
345+6 shall give to the employee the original notice from the
346+7 inspecting entity federal or State agency, including, but
347+8 not limited to, the Social Security Administration or the
348+9 Internal Revenue Service, within 7 business days. This
349+10 original notice shall be redacted in compliance with State
350+11 and federal privacy laws and shall relate only to the
351+12 employee receiving the notification.
352+13 (3) The employee may have a representative of the
353+14 employee's choosing in any meetings, discussions, or
354+15 proceedings with the employer.
355+16 The procedures described in this subsection do not apply
356+17 to inspections of an employer's I-9 Employment Verification
357+18 Forms by an inspecting entity or any relevant procedure
358+19 otherwise described in subsection (g).
359+20 (d-1) If an employer receives notification from any
360+21 federal agency or other outside third party not responsible
361+22 for the enforcement of immigration law, including, but not
362+23 limited to, the Social Security Administration, the Internal
363+24 Revenue Service, or an insurance company, of a discrepancy as
364+25 it relates to an employee's individual taxpayer identification
365+26 number or other identifying documents, the following rights
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393-1 (4) a copy of the notice received by the employer.
394-2 An employer, upon reasonable request, shall provide an
395-3 employee a copy of the Notice of Inspection of I-9 Employment
396-4 Eligibility Verification forms.
397-5 (f) On or before 6 months after the effective date of this
398-6 amendatory Act of the 103rd General Assembly, the Department
399-7 shall develop a template posting that employers may use to
400-8 comply with the requirements of subsection (e) to inform
401-9 employees of a notice of inspection to be conducted of I-9
402-10 Employment Eligibility Verification forms or other employment
403-11 records conducted by the inspecting entity. The Department
404-12 shall make the template available on its website so that it is
405-13 accessible to any employer.
406-14 (g) Except as otherwise required by federal law, if during
407-15 an inspection of the employer's I-9 Employment Eligibility
408-16 Verification forms by an inspecting entity, the inspecting
409-17 entity makes a determination that the employee's work
410-18 authorization documents do not establish that the employee is
411-19 authorized to work in the United States and provide the
412-20 employer with notice of that determination, the employer shall
413-21 provide a written notice as set forth in this subsection to the
414-22 employee within 5 business days, unless a shorter timeline is
415-23 provided for under federal law or a collective bargaining
416-24 agreement. The employer's notice to the employee shall relate
417-25 to the employee only. The employer shall notify the employee
418-26 in person and deliver the notification by hand, if possible.
374+SB2339- 10 -LRB104 09425 SPS 19485 b SB2339 - 10 - LRB104 09425 SPS 19485 b
375+ SB2339 - 10 - LRB104 09425 SPS 19485 b
376+1 and protections are granted to the employee:
377+2 (1) The employer shall not take any adverse action
378+3 against the employee, including re-verification, based on
379+4 the receipt of the notification.
380+5 (2) The employer shall provide a notice to the
381+6 employee and to the employee's authorized representative,
382+7 if any, as soon as practicable, but not more than 5
383+8 business days after the date of receipt of the
384+9 notification, unless a shorter timeline is provided for
385+10 under federal law or a collective bargaining agreement.
386+11 The notice to the employee shall include, but not be
387+12 limited to: (A) an explanation that the federal agency or
388+13 outside third party has notified the employer that the
389+14 identification documents presented by the employee do not
390+15 appear to match; and () the time period the employee has to
391+16 contest the disputed information, if any such time period
392+17 is required by federal law.
393+18 (3) The employee may have a representative of the
394+19 employee's choosing in any meetings, discussions, or
395+20 proceedings with the employer.
396+21 (e) Except as otherwise required by federal law, an
397+22 employer shall provide a notice to each current employee, by
398+23 posting in English and in any language commonly used in the
399+24 workplace, of any inspections of I-9 Employment Eligibility
400+25 Verification forms or other employment records conducted by
401+26 the inspecting entity within 72 hours after receiving notice
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429-1 If hand delivery is not possible, then the employer shall
430-2 notify the employee by mail and email, if the email address of
431-3 the employee is known, and shall notify the employee's
432-4 authorized representative. The employer's notice to the
433-5 employee shall contain the following information:
434-6 (1) an explanation that the inspecting entity has
435-7 determined that the employee's work authorization
436-8 documents presented by the employee do not appear to be
437-9 valid or reasonably relate to the employee;
438-10 (2) the time period for the employee to notify the
439-11 employer whether the employee is contesting or not
440-12 contesting the determination by the inspecting entity, if
441-13 any time period is required by federal law;
442-14 (3) if known by the employer, the time and date of any
443-15 meeting with the employer and employee or with the
444-16 inspecting entity and employee related to the correction
445-17 of the inspecting entity's determination that the
446-18 employee's work authorization documents presented by the
447-19 employee do not appear to be valid or reasonably relate to
448-20 the employee; and
449-21 (4) notice that the employee has the right to
450-22 representation during any meeting scheduled with the
451-23 employer and the inspecting entity.
452-24 If the employee contests the inspecting entity's
453-25 determination, the employer will notify the employee within 72
454-26 hours after receipt of any final determination by the
410+SB2339- 11 -LRB104 09425 SPS 19485 b SB2339 - 11 - LRB104 09425 SPS 19485 b
411+ SB2339 - 11 - LRB104 09425 SPS 19485 b
412+1 of the inspection. Written notice shall also be given within
413+2 72 hours to the employee's authorized representative, if any.
414+3 The posted notice shall contain the following information:
415+4 (1) the name of the entity conducting the inspections
416+5 of I-9 Employment Eligibility Verification forms or other
417+6 employment records;
418+7 (2) the date that the employer received notice of the
419+8 inspection;
420+9 (3) the nature of the inspection to the extent known
421+10 by the employer; and
422+11 (4) a copy of the notice received by the employer.
423+12 An employer, upon reasonable request, shall provide an
424+13 employee a copy of the Notice of Inspection of I-9 Employment
425+14 Eligibility Verification forms.
426+15 (f) On or before 6 months after the effective date of this
427+16 amendatory Act of the 103rd General Assembly, the Department
428+17 shall develop a template posting that employers may use to
429+18 comply with the requirements of subsection (e) to inform
430+19 employees of a notice of inspection to be conducted of I-9
431+20 Employment Eligibility Verification forms or other employment
432+21 records conducted by the inspecting entity. The Department
433+22 shall make the template available on its website so that it is
434+23 accessible to any employer.
435+24 (g) Except as otherwise required by federal law, if during
436+25 an inspection of the employer's I-9 Employment Eligibility
437+26 Verification forms by an inspecting entity, the inspecting
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465-1 inspecting entity related to the employee's work authorization
466-2 status. Upon request by the employee or the employee's
467-3 authorized representative, the employer shall give the
468-4 employee the original notice from the inspecting entity within
469-5 7 business days. This original notice shall be redacted in
470-6 compliance with State and federal privacy laws and shall
471-7 relate only to the employee receiving the notification.
472-8 (h) This Section does not require a penalty to be imposed
473-9 upon an employer or person who fails to provide notice to an
474-10 employee at the express and specific direction or request of
475-11 the federal government. In determining the amount of the
476-12 penalty, the appropriateness of the penalty to the size of the
477-13 business of the employer charged and the gravity of the
478-14 violation shall be considered. The penalty may be recovered in
479-15 a civil action brought by the Director in any circuit court.
480-16 Upon request by the employee or the employee's authorized
481-17 representative, the employer shall give the employee the
482-18 original notice from the inspecting entity within 7 business
483-19 days.
484-20 (i) This Section applies to public and private employers.
485-21 (j) Nothing in this Section shall be interpreted,
486-22 construed, or applied to restrict or limit an employer's
487-23 compliance with a memorandum of understanding concerning the
488-24 use of the federal E-Verify system.
489-25 (Source: P.A. 103-879, eff. 1-1-25.)
446+SB2339- 12 -LRB104 09425 SPS 19485 b SB2339 - 12 - LRB104 09425 SPS 19485 b
447+ SB2339 - 12 - LRB104 09425 SPS 19485 b
448+1 entity makes a determination that the employee's work
449+2 authorization documents do not establish that the employee is
450+3 authorized to work in the United States and provide the
451+4 employer with notice of that determination, the employer shall
452+5 provide a written notice as set forth in this subsection to the
453+6 employee within 5 business days, unless a shorter timeline is
454+7 provided for under federal law or a collective bargaining
455+8 agreement. The employer's notice to the employee shall relate
456+9 to the employee only. The employer shall notify the employee
457+10 in person and deliver the notification by hand, if possible.
458+11 If hand delivery is not possible, then the employer shall
459+12 notify the employee by mail and email, if the email address of
460+13 the employee is known, and shall notify the employee's
461+14 authorized representative. The employer's notice to the
462+15 employee shall contain the following information:
463+16 (1) an explanation that the inspecting entity has
464+17 determined that the employee's work authorization
465+18 documents presented by the employee do not appear to be
466+19 valid or reasonably relate to the employee;
467+20 (2) the time period for the employee to notify the
468+21 employer whether the employee is contesting or not
469+22 contesting the determination by the inspecting entity, if
470+23 any time period is required by federal law;
471+24 (3) if known by the employer, the time and date of any
472+25 meeting with the employer and employee or with the
473+26 inspecting entity and employee related to the correction
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500-1 (820 ILCS 55/15) (from Ch. 48, par. 2865)
501-2 Sec. 15. Administration and enforcement by the Department.
502-3 (a) It shall be the duty of the Department to enforce the
503-4 provisions of this Act when, in the Department's judgment,
504-5 there is cause and sufficient resources for investigation. The
505-6 Department shall have the power to conduct investigations in
506-7 connection with the administration and enforcement of this
507-8 Act, and any investigator with the Department shall be
508-9 authorized to visit and inspect, at all reasonable times, any
509-10 places covered by this Act and shall be authorized to inspect,
510-11 at all reasonable times, records of the employer or
511-12 prospective employer related to its employees or prospective
512-13 employees and related to its participation in and compliance
513-14 with the E-Verify program. The Department shall have the
514-15 authority to request the issuance of a search warrant or
515-16 subpoena to inspect the files of the employer or prospective
516-17 employer, if necessary. The Department shall conduct hearings
517-18 in accordance with the Illinois Administrative Procedure Act
518-19 upon written complaint by an investigator of the Department.
519-20 After the hearing, if supported by the evidence, the
520-21 Department may (i) issue and cause to be served on any party an
521-22 order to cease and desist from further violation of the Act,
522-23 (ii) take affirmative or other action as deemed reasonable to
523-24 eliminate the effect of the violation, and (iii) determine the
524-25 amount of any civil penalty allowed by the Act. The Director of
525-26 Labor or his or her representative may compel, by subpoena,
482+SB2339- 13 -LRB104 09425 SPS 19485 b SB2339 - 13 - LRB104 09425 SPS 19485 b
483+ SB2339 - 13 - LRB104 09425 SPS 19485 b
484+1 of the inspecting entity's determination that the
485+2 employee's work authorization documents presented by the
486+3 employee do not appear to be valid or reasonably relate to
487+4 the employee; and
488+5 (4) notice that the employee has the right to
489+6 representation during any meeting scheduled with the
490+7 employer and the inspecting entity.
491+8 If the employee contests the inspecting entity's
492+9 determination, the employer will notify the employee within 72
493+10 hours after receipt of any final determination by the
494+11 inspecting entity related to the employee's work authorization
495+12 status. Upon request by the employee or the employee's
496+13 authorized representative, the employer shall give the
497+14 employee the original notice from the inspecting entity within
498+15 7 business days. This original notice shall be redacted in
499+16 compliance with State and federal privacy laws and shall
500+17 relate only to the employee receiving the notification.
501+18 (h) This Section does not require a penalty to be imposed
502+19 upon an employer or person who fails to provide notice to an
503+20 employee at the express and specific direction or request of
504+21 the federal government. In determining the amount of the
505+22 penalty, the appropriateness of the penalty to the size of the
506+23 business of the employer charged and the gravity of the
507+24 violation shall be considered. The penalty may be recovered in
508+25 a civil action brought by the Director in any circuit court.
509+26 Upon request by the employee or the employee's authorized
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535- SB2339 Engrossed - 16 - LRB104 09425 SPS 19485 b
536-1 the attendance and testimony of witnesses and the production
537-2 of books, payrolls, records, papers, and other evidence in any
538-3 investigation or hearing and may administer oaths to witnesses
539-4 The Director of Labor or his authorized representative shall
540-5 administer and enforce the provisions of this Act. The
541-6 Director of Labor may issue rules and regulations necessary to
542-7 administer and enforce the provisions of this Act.
543-8 (b) If an employee or applicant for employment alleges
544-9 that he or she has been denied his or her rights under this
545-10 Act, he or she may file a complaint with the Department of
546-11 Labor. The Department shall investigate the complaint pursuant
547-12 to its authority under subsection (a) and shall have authority
548-13 to request the issuance of a search warrant or subpoena to
549-14 inspect the files of the employer or prospective employer, if
550-15 necessary. The Department shall attempt to resolve the
551-16 complaint by conference, conciliation, or persuasion. If the
552-17 complaint is not so resolved and the Department finds the
553-18 employer or prospective employer has violated the Act, the
554-19 Department may commence an action in the circuit court to
555-20 enforce the provisions of this Act including an action to
556-21 compel compliance. The circuit court for the county in which
557-22 the complainant resides or in which the complainant is
558-23 employed shall have jurisdiction in such actions.
559-24 (c) (Blank). If an employer or prospective employer
560-25 violates this Act, an employee or applicant for employment may
561-26 commence an action in the circuit court to enforce the
518+SB2339- 14 -LRB104 09425 SPS 19485 b SB2339 - 14 - LRB104 09425 SPS 19485 b
519+ SB2339 - 14 - LRB104 09425 SPS 19485 b
520+1 representative, the employer shall give the employee the
521+2 original notice from the inspecting entity within 7 business
522+3 days.
523+4 (i) This Section applies to public and private employers.
524+5 (j) Nothing in this Section shall be interpreted,
525+6 construed, or applied to restrict or limit an employer's
526+7 compliance with a memorandum of understanding concerning the
527+8 use of the federal E-Verify system.
528+9 (Source: P.A. 103-879, eff. 1-1-25.)
529+10 (820 ILCS 55/15) (from Ch. 48, par. 2865)
530+11 Sec. 15. Administration and enforcement by the Department.
531+12 (a) It shall be the duty of the Department to enforce the
532+13 provisions of this Act when, in the Department's judgment,
533+14 there is cause and sufficient resources for investigation. The
534+15 Department shall have the power to conduct investigations in
535+16 connection with the administration and enforcement of this Act
536+17 and any investigator with the Department shall be authorized
537+18 to visit and inspect, at all reasonable times, any places
538+19 covered by this Act and shall be authorized to inspect, at all
539+20 reasonable times, records of the employer or prospective
540+21 employer related to its employees or prospective employees and
541+22 related to its participation in and compliance with the
542+23 E-Verify program. The Department shall have the authority to
543+24 request the issuance of a search warrant or subpoena to
544+25 inspect the files of the employer or prospective employer, if
562545
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550+ SB2339 - 14 - LRB104 09425 SPS 19485 b
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570-SB2339 Engrossed- 17 -LRB104 09425 SPS 19485 b SB2339 Engrossed - 17 - LRB104 09425 SPS 19485 b
571- SB2339 Engrossed - 17 - LRB104 09425 SPS 19485 b
572-1 provisions of this Act, including actions to compel
573-2 compliance, where efforts to resolve the employee's or
574-3 applicant for employment's complaint concerning the violation
575-4 by conference, conciliation or persuasion under subsection (b)
576-5 have failed and the Department has not commenced an action in
577-6 circuit court to redress the violation. The circuit court for
578-7 the county in which the complainant resides or in which the
579-8 complainant is employed shall have jurisdiction in such
580-9 actions.
581-10 (d) (Blank). Failure to comply with an order of the court
582-11 may be punished as contempt. In addition, the court shall
583-12 award an employee or applicant for employment prevailing in an
584-13 action under this Act the following damages:
585-14 (1) Actual damages plus costs.
586-15 (2) For a willful and knowing violation of this Act,
587-16 $200 plus costs, reasonable attorney's fees, and actual
588-17 damages.
589-18 (3) For a willful and knowing violation of Section
590-19 12(c) or Section 12(c-2) of this Act, $500 per affected
591-20 employee plus costs, reasonable attorney's fees, and
592-21 actual damages.
593-22 (4) For a willful and knowing violation of Section 13,
594-23 a civil penalty of a minimum of $2,000 up to a maximum of
595-24 $5,000 for a first violation and a civil penalty of a
596-25 minimum of $5,000 up to a maximum of $10,000 for each
597-26 subsequent violation per affected employee plus costs,
553+SB2339- 15 -LRB104 09425 SPS 19485 b SB2339 - 15 - LRB104 09425 SPS 19485 b
554+ SB2339 - 15 - LRB104 09425 SPS 19485 b
555+1 necessary. The Department shall conduct hearings in accordance
556+2 with the Illinois Administrative Procedure Act upon written
557+3 complaint by an investigator of the Department. After the
558+4 hearing, if supported by the evidence, the Department may (i)
559+5 issue and cause to be served on any party an order to cease and
560+6 desist from further violation of the Act, (ii) take
561+7 affirmative or other action as deemed reasonable to eliminate
562+8 the effect of the violation, and (iii) determine the amount of
563+9 any civil penalty allowed by the Act. The Director of Labor or
564+10 his or her representative may compel, by subpoena, the
565+11 attendance and testimony of witnesses and the production of
566+12 books, payrolls, records, papers, and other evidence in any
567+13 investigation or hearing and may administer oaths to witnesses
568+14 The Director of Labor or his authorized representative shall
569+15 administer and enforce the provisions of this Act. The
570+16 Director of Labor may issue rules and regulations necessary to
571+17 administer and enforce the provisions of this Act.
572+18 (b) If an employee or applicant for employment alleges
573+19 that he or she has been denied his or her rights under this
574+20 Act, he or she may file a complaint with the Department of
575+21 Labor. The Department shall investigate the complaint pursuant
576+22 to its authority under subsection (a) and shall have authority
577+23 to request the issuance of a search warrant or subpoena to
578+24 inspect the files of the employer or prospective employer, if
579+25 necessary. The Department shall attempt to resolve the
580+26 complaint by conference, conciliation, or persuasion. If the
598581
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586+ SB2339 - 15 - LRB104 09425 SPS 19485 b
604587
605588
606-SB2339 Engrossed- 18 -LRB104 09425 SPS 19485 b SB2339 Engrossed - 18 - LRB104 09425 SPS 19485 b
607- SB2339 Engrossed - 18 - LRB104 09425 SPS 19485 b
608-1 reasonable attorney's fees, and actual damages.
609-2 (e) Any employer or prospective employer or his agent who
610-3 violates the provisions of this Act is guilty of a petty
611-4 offense.
612-5 (f) Any employer or prospective employer, or the officer
613-6 or agent of any employer or prospective employer, who
614-7 discharges or in any other manner discriminates against any
615-8 employee or applicant for employment because that employee or
616-9 applicant for employment has made a complaint to his employer,
617-10 or to the Director of Labor or his authorized representative,
618-11 or because that employee or applicant for employment has
619-12 caused to be instituted or is about to cause to be instituted
620-13 any proceeding under or related to this Act, or because that
621-14 employee or applicant for employment has testified or is about
622-15 to testify in an investigation or proceeding under this Act,
623-16 is guilty of a petty offense.
624-17 (g) No employer or prospective employer shall be subject
625-18 to concurrent or duplicative enforcement actions under both
626-19 Sections 16 and 17. Upon the initiation of any action under
627-20 either Section 16 or 17, all other rights of action under the
628-21 other Section shall be precluded. The first action commenced
629-22 shall bar any further enforcement based on the same set of
630-23 facts or alleged violation. For the purposes of this Section,
631-24 an action is deemed to be initiated upon the filing of a
632-25 complaint in circuit court.
633-26 (Source: P.A. 103-879, eff. 1-1-25.)
589+SB2339- 16 -LRB104 09425 SPS 19485 b SB2339 - 16 - LRB104 09425 SPS 19485 b
590+ SB2339 - 16 - LRB104 09425 SPS 19485 b
591+1 complaint is not so resolved and the Department finds the
592+2 employer or prospective employer has violated the Act, the
593+3 Department may commence an action in the circuit court to
594+4 enforce the provisions of this Act including an action to
595+5 compel compliance. The circuit court for the county in which
596+6 the complainant resides or in which the complainant is
597+7 employed shall have jurisdiction in such actions.
598+8 (c) (Blank). If an employer or prospective employer
599+9 violates this Act, an employee or applicant for employment may
600+10 commence an action in the circuit court to enforce the
601+11 provisions of this Act, including actions to compel
602+12 compliance, where efforts to resolve the employee's or
603+13 applicant for employment's complaint concerning the violation
604+14 by conference, conciliation or persuasion under subsection (b)
605+15 have failed and the Department has not commenced an action in
606+16 circuit court to redress the violation. The circuit court for
607+17 the county in which the complainant resides or in which the
608+18 complainant is employed shall have jurisdiction in such
609+19 actions.
610+20 (d) (Blank). Failure to comply with an order of the court
611+21 may be punished as contempt. In addition, the court shall
612+22 award an employee or applicant for employment prevailing in an
613+23 action under this Act the following damages:
614+24 (1) Actual damages plus costs.
615+25 (2) For a willful and knowing violation of this Act,
616+26 $200 plus costs, reasonable attorney's fees, and actual
634617
635618
636619
637620
638621
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622+ SB2339 - 16 - LRB104 09425 SPS 19485 b
640623
641624
642-SB2339 Engrossed- 19 -LRB104 09425 SPS 19485 b SB2339 Engrossed - 19 - LRB104 09425 SPS 19485 b
643- SB2339 Engrossed - 19 - LRB104 09425 SPS 19485 b
644-1 (820 ILCS 55/16 new)
645-2 Sec. 16. Action for civil penalties brought by an
646-3 interested party.
647-4 (a) As used in this Section, "interested party" means a
648-5 not-for-profit corporation, as defined by the General Not For
649-6 Profit Corporation Act of 1986, or a labor organization, as
650-7 defined by 29 U.S.C. 152(5), that monitors or is attentive to
651-8 compliance with worker safety and privacy laws, wage and hour
652-9 requirements, or other statutory requirements.
653-10 (b) Upon a reasonable belief that an employer or
654-11 prospective employer covered by this Act is in violation of
655-12 any part of this Act, an interested party may bring a civil
656-13 action in the county where the alleged offenses occurred or
657-14 where any party to the action resides, in the name of the State
658-15 and for the benefit of any impacted employees or prospective
659-16 employees.
660-17 (1) No later than 30 days after filing an action, the
661-18 interested party shall serve upon the State through the
662-19 Attorney General a copy of the complaint and written
663-20 disclosure of substantially all material evidence and
664-21 information the interested party possesses.
665-22 (2) The State may elect to intervene and proceed with
666-23 the action no later than 60 days after it receives both the
667-24 complaint and the material evidence and information. The
668-25 State may, for good cause shown, move the court for an
625+SB2339- 17 -LRB104 09425 SPS 19485 b SB2339 - 17 - LRB104 09425 SPS 19485 b
626+ SB2339 - 17 - LRB104 09425 SPS 19485 b
627+1 damages.
628+2 (3) For a willful and knowing violation of Section
629+3 12(c) or Section 12(c-2) of this Act, $500 per affected
630+4 employee plus costs, reasonable attorney's fees, and
631+5 actual damages.
632+6 (4) For a willful and knowing violation of Section 13,
633+7 a civil penalty of a minimum of $2,000 up to a maximum of
634+8 $5,000 for a first violation and a civil penalty of a
635+9 minimum of $5,000 up to a maximum of $10,000 for each
636+10 subsequent violation per affected employee plus costs,
637+11 reasonable attorney's fees, and actual damages.
638+12 (e) Any employer or prospective employer or his agent who
639+13 violates the provisions of this Act is guilty of a petty
640+14 offense.
641+15 (f) Any employer or prospective employer, or the officer
642+16 or agent of any employer or prospective employer, who
643+17 discharges or in any other manner discriminates against any
644+18 employee or applicant for employment because that employee or
645+19 applicant for employment has made a complaint to his employer,
646+20 or to the Director of Labor or his authorized representative,
647+21 or because that employee or applicant for employment has
648+22 caused to be instituted or is about to cause to be instituted
649+23 any proceeding under or related to this Act, or because that
650+24 employee or applicant for employment has testified or is about
651+25 to testify in an investigation or proceeding under this Act,
652+26 is guilty of a petty offense.
669653
670654
671655
672656
673657
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658+ SB2339 - 17 - LRB104 09425 SPS 19485 b
675659
676660
677-SB2339 Engrossed- 20 -LRB104 09425 SPS 19485 b SB2339 Engrossed - 20 - LRB104 09425 SPS 19485 b
678- SB2339 Engrossed - 20 - LRB104 09425 SPS 19485 b
679-1 extension of the time to intervene and proceed with the
680-2 action.
681-3 (3) Before the expiration of the 60-day period or any
682-4 extensions under subparagraph (2), the State shall:
683-5 (i) proceed with the action, in which case the
684-6 action shall be conducted by the State; or
685-7 (ii) notify the court that it declines to take the
686-8 action, in which case the interested party bringing
687-9 the action shall have the right to conduct the action.
688-10 (4) When the State conducts the action, the interested
689-11 party shall have the right to continue as a party to the
690-12 action subject to the following limitations:
691-13 (i) the State may dismiss the action
692-14 notwithstanding the objections of the interested party
693-15 initiating the action if the interested party has been
694-16 notified by the State of the filing of the motion and
695-17 the court has provided the interested party with an
696-18 opportunity for a hearing on the motion; and
697-19 (ii) the State may settle the action with the
698-20 defendant notwithstanding the objections of the person
699-21 initiating the action if the court determines, after a
700-22 hearing, that the proposed settlement is fair,
701-23 adequate, and reasonable under all the circumstances.
702-24 (5) If an interested party brings an action under this
703-25 Section, no person other than the State may intervene or
704-26 bring a related action on behalf of the State based on the
661+SB2339- 18 -LRB104 09425 SPS 19485 b SB2339 - 18 - LRB104 09425 SPS 19485 b
662+ SB2339 - 18 - LRB104 09425 SPS 19485 b
663+1 (Source: P.A. 103-879, eff. 1-1-25.)
664+2 (820 ILCS 55/16 new)
665+3 Sec. 16. Action for civil penalties brought by an
666+4 interested party.
667+5 (a) Upon a reasonable belief that an employer or
668+6 prospective employer covered by this Act is in violation of
669+7 any part of this Act, an interested party may initiate a civil
670+8 action in the county where the alleged offenses occurred or
671+9 where any party to the action resides, asserting that a
672+10 violation of the Act has occurred, pursuant to the following
673+11 sequence of events:
674+12 (1) The interested party submits to the Department of
675+13 Labor a complaint describing the violation and employer or
676+14 prospective employer alleged to have violated this Act.
677+15 (2) The Department sends notice of complaint to the
678+16 named parties alleged to have violated this Act and the
679+17 interested party. The named parties may either contest the
680+18 alleged violation or attempt to cure the alleged
681+19 violation.
682+20 (3) The named parties contest or cure the alleged
683+21 violation within 30 days after the receipt of the notice
684+22 of complaint or, if the named party does not respond
685+23 within 30 days, the Department issues a notice of right to
686+24 sue to the interested party as described in paragraph (4).
687+25 (4) The Department issues a notice of right to sue to
705688
706689
707690
708691
709692
710- SB2339 Engrossed - 20 - LRB104 09425 SPS 19485 b
693+ SB2339 - 18 - LRB104 09425 SPS 19485 b
711694
712695
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714- SB2339 Engrossed - 21 - LRB104 09425 SPS 19485 b
715-1 facts underlying the pending action.
716-2 (6) An action brought in court by an interested party
717-3 under this Section may be dismissed if the court and the
718-4 Attorney General give written consent to the dismissal and
719-5 their reasons for consenting.
720-6 (c) Any claim or action filed by an interested party under
721-7 this Section shall be made no later 3 years after the alleged
722-8 conduct resulting in the complaint, plus any period for which
723-9 the limitations period has been tolled.
724-10 (d) In an action brought by an interested party under this
725-11 Section, an interested party may recover against the covered
726-12 entity any statutory penalties set forth in Section 17,
727-13 injunctive relief, and any other relief available to the
728-14 Department. An interested party who prevails in a civil action
729-15 shall receive 10% of any statutory penalties assessed, plus
730-16 any attorney's fees and costs. The remaining 90% of any
731-17 statutory penalties assessed shall be deposited into a special
732-18 fund of the Department for enforcement of this Act.
733-19 (820 ILCS 55/17 new)
734-20 Sec. 17. Private right of action.
735-21 (a) A person aggrieved by a violation of this Act or any
736-22 rule adopted under this Act by an employer or prospective
737-23 employer may file suit in circuit court of Illinois, in the
738-24 county where the alleged offense occurred, where the employee
739-25 or prospective employee who is party to the action resides, or
696+SB2339- 19 -LRB104 09425 SPS 19485 b SB2339 - 19 - LRB104 09425 SPS 19485 b
697+ SB2339 - 19 - LRB104 09425 SPS 19485 b
698+1 the interested party, if one or more of the following has
699+2 occurred:
700+3 (i) the named party has cured the alleged
701+4 violation to the satisfaction of the Director;
702+5 (ii) the Director has determined that the
703+6 allegation is unjustified or that the Department does
704+7 not have jurisdiction over the matter or the parties;
705+8 or
706+9 (iii) the Director has determined that the
707+10 allegation is justified or has not made a
708+11 determination, and either has decided not to exercise
709+12 jurisdiction over the matter or has concluded
710+13 administrative enforcement of the matter.
711+14 (b) If within 180 days after service of the notice of
712+15 complaint to the parties, the Department has not (i) resolved
713+16 the contest and cure period, (ii) with the mutual agreement of
714+17 the parties, extended the time for the named party to cure the
715+18 violation and resolve the complaint, or (iii) issued a right
716+19 to sue letter, the interested party may initiate a civil
717+20 action for penalties. The parties may extend the 180-day
718+21 period by mutual agreement. The limitations period for the
719+22 interested party to bring an action for the alleged violation
720+23 of the Act shall be tolled for the 180-day period and for the
721+24 period of any mutually agreed extensions. At the end of the
722+25 180-day period, or any mutually agreed extensions, the
723+26 Department shall issue a right to sue letter to the interested
740724
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742726
743727
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729+ SB2339 - 19 - LRB104 09425 SPS 19485 b
746730
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749- SB2339 Engrossed - 22 - LRB104 09425 SPS 19485 b
750-1 where the employer or prospective employer which is party to
751-2 the action is located, without regard to exhaustion of any
752-3 alternative administrative remedies provided in this Act.
753-4 Actions may be brought by one or more affected employees or
754-5 prospective employees for and on behalf of themselves and
755-6 employees or prospective employees similarly situated. An
756-7 employee or prospective employee may recover for a violation
757-8 of the Act under this Section or under Section 15 or 16 at the
758-9 employee or prospective employee's option, but not under more
759-10 than one Section. An employee or prospective employee whose
760-11 rights have been violated under this Act by an employer or
761-12 prospective employer is entitled to collect under this
762-13 Section:
763-14 (1) in the case of a violation of this Act or any rule
764-15 adopted under this Act as it relates to the employee or
765-16 prospective employee, a civil penalty of not less than
766-17 $100 and not more than $1,000 for each violation found by a
767-18 court;
768-19 (2) in the event a violation of this Act or any rule
769-20 adopted under this Act as it relates to denial or loss of
770-21 employment for the employee or prospective employee, all
771-22 relief necessary to make the employee whole, including,
772-23 but not limited to, the following:
773-24 (i) reinstatement with the same seniority status
774-25 that the employee would have had but for the
775-26 violation, as appropriate;
732+SB2339- 20 -LRB104 09425 SPS 19485 b SB2339 - 20 - LRB104 09425 SPS 19485 b
733+ SB2339 - 20 - LRB104 09425 SPS 19485 b
734+1 party.
735+2 (c) Upon receipt of a right to sue letter from the
736+3 Department, an interested party may bring a civil action in
737+4 the county where the alleged offenses occurred or where any
738+5 party to the action resides, in the name of the State and for
739+6 the benefit of any impacted day or temporary laborers.
740+7 (1) No later than 30 days after filing an action, the
741+8 interested party shall serve upon the State through the
742+9 Attorney General a copy of the complaint and written
743+10 disclosure of substantially all material evidence and
744+11 information the interested party possesses.
745+12 (2) The State may elect to intervene and proceed with
746+13 the action no later than 60 days after it receives both the
747+14 complaint and the material evidence and information. The
748+15 State may, for good cause shown, move the court for an
749+16 extension of the time to intervene and proceed with the
750+17 action.
751+18 (3) Before the expiration of the 60-day period or any
752+19 extensions under subparagraph (2), the State shall:
753+20 (i) proceed with the action, in which case the
754+21 action shall be conducted by the State; or
755+22 (ii) notify the court that it declines to take the
756+23 action, in which case the interested party bringing
757+24 the action shall have the right to conduct the action.
758+25 (4) When the State conducts the action, the interested
759+26 party shall have the right to continue as a party to the
776760
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778762
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780764
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765+ SB2339 - 20 - LRB104 09425 SPS 19485 b
782766
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784-SB2339 Engrossed- 23 -LRB104 09425 SPS 19485 b SB2339 Engrossed - 23 - LRB104 09425 SPS 19485 b
785- SB2339 Engrossed - 23 - LRB104 09425 SPS 19485 b
786-1 (ii) back pay, with interest, as appropriate; and
787-2 (iii) a civil penalty of $10,000; and
788-3 (3) compensation for any damages sustained as a result
789-4 of the violation, including litigation costs, expert
790-5 witness fees, and reasonable attorney's fees.
791-6 (b) The right of an aggrieved person to bring an action
792-7 under this Section terminates upon the passing of 3 years
793-8 after the date of the violation. This limitations period is
794-9 tolled if an employer or prospective employer has failed to
795-10 provide an employee or prospective employee information
796-11 required under this Act or has deterred an employee or
797-12 prospective employee from the exercise of rights under this
798-13 Act.
799-14 (820 ILCS 55/18 new)
800-15 Sec. 18. Penalties.
801-16 (a) An employer or prospective employer that violates any
802-17 of the provisions of this Act or any rule adopted under this
803-18 Act shall be subject to a civil penalty of not less than $100
804-19 and not more than $1,000 for each violation of his Act found by
805-20 the Department or determined by a court in a civil action
806-21 brought by the Department or by an interested party, as
807-22 defined in subsection (a) of Section 16, or determined by a
808-23 court in a civil action brought by the Attorney General
809-24 pursuant to its authority under Section 6.3 of the Attorney
810-25 General Act. An employer or prospective employer that commits
768+SB2339- 21 -LRB104 09425 SPS 19485 b SB2339 - 21 - LRB104 09425 SPS 19485 b
769+ SB2339 - 21 - LRB104 09425 SPS 19485 b
770+1 action subject to the following limitations:
771+2 (i) the State may dismiss the action
772+3 notwithstanding the objections of the interested party
773+4 initiating the action if the interested party has been
774+5 notified by the State of the filing of the motion and
775+6 the court has provided the interested party with an
776+7 opportunity for a hearing on the motion; and
777+8 (ii) the State may settle the action with the
778+9 defendant notwithstanding the objections of the person
779+10 initiating the action if the court determines, after a
780+11 hearing, that the proposed settlement is fair,
781+12 adequate, and reasonable under all the circumstances.
782+13 (5) If an interested party brings an action under this
783+14 Section, no person other than the State may intervene or
784+15 bring a related action on behalf of the State based on the
785+16 facts underlying the pending action.
786+17 (6) An action brought in court by an interested party
787+18 under this Section may be dismissed if the court and the
788+19 Attorney General give written consent to the dismissal and
789+20 their reasons for consenting.
790+21 (d) Any claim or action filed by an interested party under
791+22 this Section shall be made no later 3 years after the alleged
792+23 conduct resulting in the complaint, plus any period for which
793+24 the limitations period has been tolled.
794+25 (e) In an action brought by an interested party under this
795+26 Section, an interested party may recover against the covered
811796
812797
813798
814799
815800
816- SB2339 Engrossed - 23 - LRB104 09425 SPS 19485 b
801+ SB2339 - 21 - LRB104 09425 SPS 19485 b
817802
818803
819-SB2339 Engrossed- 24 -LRB104 09425 SPS 19485 b SB2339 Engrossed - 24 - LRB104 09425 SPS 19485 b
820- SB2339 Engrossed - 24 - LRB104 09425 SPS 19485 b
821-1 a second or subsequent violation of the same provisions or
822-2 this Act or any rule adopted under this Act within a 3-year
823-3 period shall be subject to a civil penalty of not less than
824-4 $1,000 and not more than $5,000 for each violation of this Act
825-5 found by the Department or determined by a court in a civil
826-6 action brought by the Department or by an interested party, as
827-7 defined in subsection (a) of Section 16, or determined by a
828-8 court in a civil action brought by the Attorney General
829-9 pursuant to its authority under Section 6.3 of the Attorney
830-10 General Act. For purposes of this subsection, each violation
831-11 of this Act or any rule adopted under this Act shall constitute
832-12 a separate and distinct violation.
833-13 (b) In determining the amount of a penalty, the Director
834-14 or circuit court shall consider (i) the appropriateness of the
835-15 penalty to the size of the business of the employer charged and
836-16 (ii) the gravity of the violation.
837-17 (c) The Department shall adopt rules for violation
838-18 hearings and penalties for violations of this Act or the
839-19 Department's rules in conjunction with the penalties set forth
840-20 in this Act. Any administrative determination by the
841-21 Department as to the amount of each penalty shall be final
842-22 unless reviewed as provided in Section 17.
843-23 (820 ILCS 55/19 new)
844-24 Sec. 19. Review under the Administrative Review Law. Any
845-25 party to a proceeding under this Act may apply for and obtain
804+SB2339- 22 -LRB104 09425 SPS 19485 b SB2339 - 22 - LRB104 09425 SPS 19485 b
805+ SB2339 - 22 - LRB104 09425 SPS 19485 b
806+1 entity any statutory penalties set forth in Section 17,
807+2 injunctive relief, and any other relief available to the
808+3 Department. An interested party who prevails in a civil action
809+4 shall receive 10% of any statutory penalties assessed, plus
810+5 any attorney's fees and costs. The remaining 90% of any
811+6 statutory penalties assessed shall be deposited into a special
812+7 fund of the Department for enforcement of this Act.
813+8 (820 ILCS 55/17 new)
814+9 Sec. 17. Private right of action.
815+10 (a) A person aggrieved by a violation of this Act or any
816+11 rule adopted under this Act by an employer or prospective
817+12 employer may file suit in circuit court of Illinois, in the
818+13 county where the alleged offense occurred, where the employee
819+14 or prospective employee who is party to the action resides or
820+15 where the employer or prospective employer which is party to
821+16 the action is located, without regard to exhaustion of any
822+17 alternative administrative remedies provided in this Act.
823+18 Actions may be brought by one or more day or affected employees
824+19 or prospective employees for and on behalf of themselves and
825+20 employees or prospective employees similarly situated. An
826+21 employee or prospective employee may recover for a violation
827+22 of the Act under this Section or under Section 15 or 16 at the
828+23 employee or prospective employee's option, but not under more
829+24 than one Section. An employee or prospective employee whose
830+25 rights have been violated under this Act by an employer or
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856-1 judicial review of an order of the Department entered under
857-2 this Act in accordance with the provisions of the
858-3 Administrative Review Law, and the Department, in proceedings
859-4 under this Act, may obtain an order from the court for the
860-5 enforcement of its order.
861-6 (820 ILCS 55/20)
862-7 Sec. 20. Dismissal of complaint. The Director or any court
863-8 of competent jurisdiction shall summarily dismiss any
864-9 complaint alleging a violation of Section 5 of this Act which
865-10 states as the sole cause of the complaint that the employer
866-11 offered a health, disability, or life insurance policy that
867-12 makes a distinction between employees for the type of coverage
868-13 or the price of coverage based upon the employees' use of
869-14 lawful products.
870-15 (Source: P.A. 87-807.)
871-16 (820 ILCS 55/25 new)
872-17 Sec. 25. Voluntary compliance and safe harbor. No
873-18 penalties shall be imposed under this Act if the employer or
874-19 prospective employer:
875-20 (1) acts in good faith reliance on guidance issued by
876-21 the Illinois Department of Labor or the federal Department
877-22 of Homeland Security; or
878-23 (2) makes a bona fide administrative error that does
879-24 not affect an employee or prospective employee's
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841+1 prospective employer is entitled to collect under this
842+2 Section:
843+3 (1) in the case of a violation of this Act or any rule
844+4 adopted under this Act as it relates to the employee or
845+5 prospective employee, a civil penalty of not less than
846+6 $100 and not more than $1,000 for each violation found by a
847+7 court;
848+8 (2) in the event a violation of this Act or any rule
849+9 adopted under this Act as it relates to denial or loss of
850+10 employment for the employee or prospective employee, all
851+11 relief necessary to make the employee whole, including,
852+12 but not limited to the following:
853+13 (i) reinstatement with the same seniority status
854+14 that the employee would have had, but for the
855+15 violation, as appropriate;
856+16 (ii) back pay, with interest, as appropriate; and
857+17 (iii) a civil penalty of $10,000; and
858+18 (3) compensation for any damages sustained as a result
859+19 of the violation, including litigation costs, expert
860+20 witness fees, and reasonable attorney's fees.
861+21 (b) The right of an aggrieved person to bring an action
862+22 under this Section terminates upon the passing of 3 years
863+23 after the date of the violation. This limitations period is
864+24 tolled if an employer or prospective employer has failed to
865+25 provide an employee or prospective employer information
866+26 required under this Act or has deterred an employee or
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890-1 employment or pay.
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877+1 prospective employee from the exercise of rights under this
878+2 Act.
879+3 (820 ILCS 55/18 new)
880+4 Sec. 18. Penalties.
881+5 (a) An employer or prospective employer that violates any
882+6 of the provisions of this Act or any rule adopted under this
883+7 Act shall be subject to a civil penalty of not less than $100
884+8 and not more than $1,000 for each violation of his Act found by
885+9 the Department or determined by a court in a civil action
886+10 brought by the Department or by an interested party, or
887+11 determined by a court in a civil action brought by the Attorney
888+12 General pursuant to its authority under Section 6.3 of the
889+13 Attorney General Act. An employer or prospective employer that
890+14 commits a subsequent violation of the same provisions or this
891+15 Act or any rule adopted under this Act within a 3-year period
892+16 shall be subject to a civil penalty of not less than $1,000 and
893+17 not more than $5,000 for each violation of his Act found by the
894+18 Department or determined by a court in a civil action brought
895+19 by the Department or by an interested party, or determined by a
896+20 court in a civil action brought by the Attorney General
897+21 pursuant to its authority under Section 6.3 of the Attorney
898+22 General Act. For purposes of this subsection, each violation
899+23 of this Act or any rule adopted under this Act shall constitute
900+24 a separate and distinct violation.
901+25 (b) In determining the amount of a penalty, the Director
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912+1 or circuit court shall consider the appropriateness of the
913+2 penalty to the size of the business of the employer charged and
914+3 the gravity of the violation shall be considered.
915+4 (c) The Department shall adopt rules for violation
916+5 hearings and penalties for violations of this Act or the
917+6 Department's rules in conjunction with the penalties set forth
918+7 in this Act. Any administrative determination by the
919+8 Department as to the amount of each penalty shall be final
920+9 unless reviewed as provided in Section 17 of this Act.
921+10 (820 ILCS 55/19 new)
922+11 Sec. 19. Review under the Administrative Review Law. Any
923+12 party to a proceeding under this Act may apply for and obtain
924+13 judicial review of an order of the Department entered under
925+14 this Act in accordance with the provisions of the
926+15 Administrative Review Law and the Department in proceedings
927+16 under this Act may obtain an order from the court for the
928+17 enforcement of its order.
929+18 (820 ILCS 55/20) (from Ch. 48, par. 2870)
930+19 Sec. 20. Dismissal of complaint. The Director or any court
931+20 of competent jurisdiction shall summarily dismiss any
932+21 complaint alleging a violation of Section 5 of this Act which
933+22 states as the sole cause of the complaint that the employer
934+23 offered a health, disability, or life insurance policy that
935+24 makes a distinction between employees for the type of coverage
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