Illinois Clarifies New E-Verify Law

The Illinois Department of Labor has released guidance to clarify a recently enacted law, effective Jan. 1, 2025, that will prohibit employers from imposing work authorization or re-verification requirements that are greater than those required by federal law.  The guidance clarifies that the law does not prohibit private employers from using E-Verify. 

The Details

Background

Earlier this year, Illinois enacted Senate Bill 508, which amended the state’s Right to Privacy in the Workplace Act to prohibit employers from imposing work authorization or re-verification requirements that are greater than those required by federal law. Senate Bill 508 also adds to existing notice requirements if an employer asserts that a discrepancy exists in an employee’s employment verification information. Review the text of Senate Bill 508 for more details on this and other requirements.  Senate Bill 508 takes effect Jan.  1, 2025.

When Senate Bill 508 was enacted, some commentators noted that the amendments could be interpreted to prohibit Illinois employers from using E-Verify unless required to use it by federal law.

Guidance

The Illinois Department of Labor has now addressed the issue in the form of frequently asked questions.  Specifically, the Department of Labor provides the following question and answer:

May Illinois employers choose to voluntarily use E-Verify?

Yes. Illinois law does not prohibit any employer from using E-Verify. However, employers who use E-Verify must follow the requirements of the Right to Privacy in the Workplace Act. 

Next steps

•  Read the guidance in full.
•  Review policies and practices to ensure compliance with the law.