On December 12, 2025, Illinois took a significant step to strengthen employee protections related to work authorization by enacting Senate Bill 2339. Given the increase in federal immigration enforcement, the state of Illinois adopted this measure to redefine employer obligations and safeguard workers from unfair employment actions based on potentially inaccurate or misused data. This bill took effect immediately and applies to both public and private employers statewide.
Specifically, SB 2339 amends the Right to Privacy in the Workplace Act by explicitly barring employers from imposing stricter employment authorization or re-verification standards than those required under federal law. It also prohibits employers from taking adverse actions—such as suspension or termination—based solely on federal agency notifications (like “no-match” letters) or third-party reports indicating discrepancies in employee identification documents.
Pursuant to new provisions, employers must now notify the affected employee in writing within five business days. When possible, this notice should be delivered in person and by hand; if not feasible, it must be sent via both mail and email. The notice must clearly outline the nature of the discrepancy, the timeframe for the employee to respond or challenge it, and the next steps in the process.
SB 2339 also enhances enforcement mechanisms by empowering labor unions and nonprofit organizations to initiate civil lawsuits as “interested parties.”...
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