Margaret Gentzen, Partner
Haley Spiewak, Associate
Recently, Governor Pritzker signed into law SB 2339, an expansion to the Right to Privacy in the Workplace Act. The law became effective immediately upon signature on December 12, 2025. The amendments are applicable to both public and private employers in Illinois.
Illinois employers that utilize employment eligibility verification systems, such as E-Verify, are now prohibited from imposing greater authorization standards or re-verification requirements than what the federal government demands.
Document Discrepancy Notifications
If an employer receives a notice regarding a discrepancy in documents from a federal agency or third-party not responsible for immigration enforcement, such as the IRS or Social Security Administration, the employer may not take adverse action against the employee, such as suspension or termination, based solely on the notice.
Employers will now be required to give written notice of the discrepancy to the employee within five (5) business days of receiving the discrepancy notice. Delivery should be in-person, but if that is not feasible, then notice must be sent via both mail and email. The notice must detail the nature of the discrepancy, how long an employee has to contest or respond, and the next steps.
Potential Liability
Now, eligible labor organizations and non-profits may bring civil actions against non-compliant employers as “interested parties” (previously only individual employees).
Violations range from $100 to $1,000 for each violation, and repeated infractions can result in $1,000 to $5,000. Additionally, courts may impose mandatory reinstatement, back pay, up to $10,000 penalties for wrongful job loss, and attorneys’ fees.
There are safe harbors for Illinois employers. Penalties may be waived if the employer acted in good faith reliance after seeking guidance from the Illinois Department of Labor or the Department of Homeland Security. Or, if there was an honest administrative error that did not impact an employee’s status or wages.
If you have questions specific to your company, please contact Fox Smith, LLC Employment Team at 314-588-7000, mgentzen@foxsmithlaw.com, or hspiewak@foxsmithlaw.com.