On December 12, 2025, Illinois Governor Pritzker signed into law SB 2339 (“Amendment” or “SB 2339”), which amends the Right to Privacy in the Workplace Act. The law increases protections for workers’ privacy and restricts employers from taking adverse action against employees solely based on receiving a tentative non-confirmation letter (“mismatch letter”) regarding verification of employment eligibility. The passage of SB 2339, a response to increased federal immigration enforcement, ensures that employers satisfy federal requirements without compromising employee privacy. The Amendment became effective immediately, applies to public and private employers of Illinois employees and prospective employees, and subjects employers to civil actions, including a private right of action and penalties for non-compliance.
Obligations on Employer upon Receipt of “Mismatch” Letter
During the hiring process, employers are required to verify an employee’s identity and authorization to work in the U.S. by either reviewing I-9 documentation and completion of the I-9 forms, or using an electronic employment eligibility confirmation system, such as E-Verify to enter the I-9 information. SB 2339 aligns with federal law, which prohibits employers from requesting more or different documents than are required by Form I-9 to establish employees’ identity and employment authorization. Under SB 2339, employers are prohibited from taking adverse action against an employee solely on the basis of a...
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