• Illinois SB2339 amended the Right to Privacy in the Workplace Act to prohibit employers from taking adverse action against an employee solely based on receipt of a discrepancy notification from a federal agency or outside vendor and must provide timely notice to the employee and the employee’s authorized representative within five business days.
• SB2339’s five-business-day notice requirement operates alongside existing E-Verify rules, and employers may want to harmonize these timelines to ensure compliance with both state and federal requirements.
• SB2339 introduces robust enforcement mechanisms, including private rights of action for employees and interested parties, with penalties ranging from $100 to $5,000 per violation and additional relief for violations resulting in denial or loss of employment.

SB2339 repealed prior statutory provisions specifically addressing E-Verify and replaced them with broader obligations tied to an employer’s receipt of written notifications from any federal agency or outside vendors—including but not limited to the Social Security Administration, the Internal Revenue Service, or insurance companies—regarding discrepancies in an employee’s individual taxpayer identification number (ITIN) or other identifying documents. SB2339 outlines specific actions (inspection, warrants, subpoena, etc.) permitted by the Illinois Department of Labor (IDOL) in investigating claims against an employer or prospective employer that can be brought by...

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