Illinois restricted the way employers can respond to notices about an employee’s work status, under a new law signed by Gov. JB Pritzker on December 9, 2025. The new law, which takes effect immediately, amended the Right to Privacy in the Workplace Act (the “Act”).
The new law limits businesses’ ability to fire immigrant workers over mismatches in their identity and work authorization documents, while expanding penalties and interested parties’ ability to sue employers over violations. Under the new changes, an employer cannot take adverse action against an employee based solely on a written notice indicating a discrepancy in the employee’s tax identification number or other identifying documents if the notice is issued by any federal agency, outside vendor, or other Employment Eligibility Verification System (“E-verification system”) that is not responsible for enforcing immigration laws.
For example, if an employer receives such a notice from the Social Security Administration, the Internal Revenue Service, or an insurance company, then an Illinois employer could not take adverse action against the employee based solely on that notice. Instead, the employer must, in turn, provide notice to the employee that they received such a notice (and the employee’s authorized representative, if any). The employer must provide the employee with notice within the timeline required under applicable federal law if that timeline is shorter than five business days. If federal law allows a notice period longer than five business days or provides no specific notice deadline, the employer must provide notice no later than the later of five business days after either (i) receiving the notification from the federal agency or outside vendor, or (ii) the date on which the employer determines that the employee must respond in any manner. This is intended to ensure that the employee receives timely notice of any potential discrepancies in their identifying documents.
The employer must deliver the notification by hand, or if that is not possible, then by mail and email. The notice must include (i) an explanation that the federal agency, outside vendor, or E-verification system has notified the employer that there is an issue with the employee’s identification documents, (ii) the time period the employee has to contest the disputed information, if such a time period is required by federal law, and (iii) any action the employer is requiring the employee to take.
The Illinois Department of Labor and the Attorney General both have the authority to enforce the law by bringing civil suits against employers. In addition, an “interested party,” which includes certain not-for-profit corporations and labor associations, may bring a civil action against employers for alleged violations of the Act.
An employee or prospective employee also may file a private action in the circuit court in the county where the alleged offense occurred, where the employee or prospective employee resides, or where the employer or prospective employee is located.
A civil penalty of between $100 – $1,000 can be imposed for each violation of the Act. Subsequent violations subject employers to penalties ranging between $1,000 – $5,000 per violation. Generally, employees have three years from the date of the violation to file suit unless the employer or prospective employer has failed to provide the employee or applicant with the notice required under the Act or has otherwise interfered with their rights.
The Act establishes a safe harbor for employers if the employer either (i) acts in good faith reliance on guidance issued by the Illinois Department of Labor or the Federal Department of Homeland Security or (ii) makes a bona fide administrative error that does not affect an employee or applicant’s employment or pay.
For more information, contact Mark A. McAnulty, Betsy Happe, or another member of the KDDK Labor and Employment practice group.
