The Illinois Department of Labor (IDOL) has just issued some much-needed guidance, through Frequently Asked Questions (FAQs), on whether enrollment and use of E-Verify is prohibited in Illinois for private employers that do not have federal contracts. The answer is NO.
As many Illinois employers, and those with Illinois operations, know, in July 2024, Illinois enacted Amendments to the Right to Privacy in the Workplace Act (hereinafter “Act”) with an effective date of January 1, 2025. The amendments provide additional employment protections for individuals flagged by federal E-Verify as having identification discrepancies.
After enactment of the amendments, Illinois employers have been waiting on IDOL guidance over whether employers in Illinois are prohibited from using E-Verify. The source of the confusion was two separate clauses which, if read together, seem to imply there is such a prohibition. The two clauses were:
Section 12(a): Nothing in this Act shall be construed to require an employer to enroll in any Electronic Employment Verification System, including the E-Verify program and the Basic Pilot program, as authorized by 8 U.S.C. 1324a, …. beyond those obligations that have been imposed upon them by federal law.
Section 13(b): An employer shall not impose work authorization verification or re-verification requirements greater than those required by federal law.
In the answer to Question 4 of the FAQs, however, the IDOL states: “Illinois law does not prohibit...
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