This year was very busy for the Illinois legislature and there are several employment laws going into effect in 2026. Below is a summary of each and how it impacts your business.

Illinois Right to Privacy in Workplace Act
On December 12, 2025, Governor J.B. Pritzker signed SB 2339, which became effective immediately. SB amended the Illinois Right to Privacy in the Workplace Act and provides more protections for private and public employees. Here is what employers should know:

• Employers who receive notifications from any federal agency or vendor outside of the agency responsible for immigration enforcement that pertains to a discrepancy regarding employees’ individual taxpayer identification numbers or other identifying documents must: (i) not take adverse action based on the notice alone; and, (ii) provide in person or hand delivered notice to the employee and any authorized representative as soon as practicable but not more than 5 days after receipt of the notice unless a shorter timeline is required under law or agreement.
• Interested parties which include not for profit corporations and labor organizations have standing to bring suit against employers when there is a reasonable belief of violation of this Act.
• Employees or prospective employees who recover under this act are entitled to collect damages of:
  • Not less than $100 and not more than $1,000 for each violation determined by a court;
  • Back pay with interest as appropriate;
  • Civil penalties of $10,000;
  • ...

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