Statutes > Illinois Statutes > CHAPTER 820 EMPLOYMENT > 820 ILCS 55/ Right to Privacy in the Workplace Act.

820 ILCS 55/ Right to Privacy in the Workplace Act.

    (820 ILCS 55/1) (from Ch. 48, par. 2851)
    Sec. 1. Short title. This Act may be cited as the Right to Privacy in the Workplace Act.
(Source: P.A. 87‑807.)

    (820 ILCS 55/5) (from Ch. 48, par. 2855)
    Sec. 5. Discrimination for use of lawful products prohibited.
    (a) Except as otherwise specifically provided by law and except as provided in subsections (b) and (c) of this Section, it shall be unlawful for an employer to refuse to hire or to discharge any individual, or otherwise disadvantage any individual, with respect to compensation, terms, conditions or privileges of employment because the individual uses lawful products off the premises of the employer during nonworking hours.
    (b) This Section does not apply to any employer that is a non‑profit organization that, as one of its primary purposes or objectives, discourages the use of one or more lawful products by the general public. This Section does not apply to the use of those lawful products which impairs an employee's ability to perform the employee's assigned duties.
    (c) It is not a violation of this Section for an employer to offer, impose or have in effect a health, disability or life insurance policy that makes distinctions between employees for the type of coverage or the price of coverage based upon the employees' use of lawful products provided that:
        (1) differential premium rates charged employees
     reflect a differential cost to the employer; and
        (2) employers provide employees with a statement
     delineating the differential rates used by insurance carriers.
(Source: P.A. 87‑807.)

    (820 ILCS 55/10) (from Ch. 48, par. 2860)
    Sec. 10. Prohibited inquiries. It shall be unlawful for any employer to inquire, in a written application or in any other manner, of any prospective employee or of the prospective employee's previous employers, whether that prospective employee has ever filed a claim for benefits under the Workers' Compensation Act or Workers' Occupational Diseases Act or received benefits under these Acts.
(Source: P.A. 87‑807.)

    (820 ILCS 55/12)
    Sec. 12. Use of Employment Eligibility Verification Systems.
    (a) Prior to choosing to voluntarily 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, Notes, Pilot Programs for Employment Eligibility Confirmation (enacted by P.L. 104‑208, div. C, title IV, subtitle A), employers are urged to consult the Illinois Department of Labor's website for current information on the accuracy of E‑Verify and to review and understand an employer's legal responsibilities relating to the use of the voluntary E‑Verify program.
    (a‑1) The Illinois Department of Labor (IDOL) shall post on its website information or links to information from the United States Government Accountability Office, Westat, or a similar reliable source independent of the Department of Homeland Security regarding: (1) the accuracy of the E‑Verify databases; (2) the approximate financial burden and expenditure of time that use of E‑Verify requires from employers; and (3) an overview of an employer's responsibilities under federal and state law relating to the use of E‑Verify.
    (b) Upon initial enrollment in an Employment Eligibility Verification System or within 30 days after the effective date of this amendatory Act of the 96th General Assembly, an employer enrolled in E‑Verify or any other Employment Eligibility Verification System must attest, under penalty of perjury, on a form prescribed by the IDOL available on the IDOL website:
        (1) that the employer has received the Basic Pilot or
    E‑Verify training materials from the Department of Homeland Security (DHS), and that all employees who will administer the program have completed the Basic Pilot or E‑Verify Computer Based Tutorial (CBT); and
        (2) that the employer has posted the notice from DHS
    indicating that the employer is enrolled in the Basic Pilot or E‑Verify program and the anti‑discrimination notice issued by the Office of Special Counsel for Immigration‑Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice in a prominent place that is clearly visible to both prospective and current employees. The employer must maintain the signed original of the attestation form prescribed by the IDOL, as well as all CBT certificates of completion and make them available for inspection or copying by the IDOL at any reasonable time.
    (c) It is a violation of this Act for an employer
    enrolled in an Employment Eligibility Verification System, including the E‑Verify program and the Basic Pilot program:
        (1) to fail to display the notices supplied by DHS
    and OSC in a prominent place that is clearly visible to both prospective and current employees;
        (2) to allow any employee to use an Employment
    Eligibility Verification System prior to having completed CBT;
        (3) to fail to take reasonable steps to prevent an
    employee from circumventing the requirement to complete the CBT by assuming another employee's E‑Verify or Basic Pilot user identification or password;
        (4) to use the Employment Eligibility Verification
    System to verify the employment eligibility of job applicants prior to hiring or to otherwise use the Employment Eligibility Verification System to screen individuals prior to hiring and prior to the completion of a Form I‑9;
        (5) to terminate an employee or take any other
    adverse employment action against an individual prior to receiving a final nonconfirmation notice from the Social Security Administration or the Department of Homeland Security;
        (6) to fail to notify an individual, in writing, of
    the employer's receipt of a tentative nonconfirmation notice, of the individual's right to contest the tentative nonconfirmation notice, and of the contact information for the relevant government agency or agencies that the individual must contact to resolve the tentative nonconfirmation notice;
        (7) to fail to safeguard the information contained in
    the Employment Eligibility Verification System, and the means of access to the system (such as passwords and other privacy protections). An employer shall ensure that the System is not used for any purpose other than employment verification of newly hired employees and shall ensure that the information contained in the System and the means of access to the System are not disseminated to any person other than employees who need such information and access to perform the employer's employment verification responsibilities.
    (c‑1) Any claim that an employer refused to hire, segregated, or acted with respect to recruitment, hiring, promotion, renewal or employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges, or conditions of employment without following the procedures of the Employment Eligibility Verification System, including the Basic Pilot and E‑Verify programs, may be brought under paragraph (G)(2) of Section 2‑102 of the Illinois Human Rights Act.
    (c‑2) It is a violation of this Section for an individual to falsely pose as an employer in order to enroll in an Employment Eligibility Verification System or for an employer to use an Employment Eligibility Verification System to access information regarding an individual who is not an employee of the employer.
    (d) Preemption. Neither the State nor any of its
    political subdivisions, nor any unit of local government, including a home rule unit, may require any employer to use an Employment Eligibility Verification System, including under the following circumstances:
        (1) as a condition of receiving a government contract;
        (2) as a condition of receiving a business license; or
        (3) as penalty for violating licensing or other
    similar laws.
    This subsection (d) is a denial and limitation of home
    rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 95‑138, eff. 1‑1‑08; 96‑623, eff. 1‑1‑10; 96‑1000, eff. 7‑2‑10.)

    (820 ILCS 55/15)(from Ch. 48, par. 2865)
    Sec. 15. Administration and enforcement.
    (a) The Director of Labor or his authorized representative shall administer and enforce the provisions of this Act. The Director of Labor may issue rules and regulations necessary to administer and enforce the provisions of this Act.
    (b) If an employee or applicant for employment alleges that he or she has been denied his or her rights under this Act, he or she may file a complaint with the Department of Labor. The Department shall investigate the complaint and shall have authority to request the issuance of a search warrant or subpoena to inspect the files of the employer or prospective employer, if necessary. The Department shall attempt to resolve the complaint by conference, conciliation, or persuasion. If the complaint is not so resolved and the Department finds the employer or prospective employer has violated the Act, the Department may commence an action in the circuit court to enforce the provisions of this Act including an action to compel compliance. The circuit court for the county in which the complainant resides or in which the complainant is employed shall have jurisdiction in such actions.
    (c) If an employer or prospective employer violates this Act, an employee or applicant for employment may commence an action in the circuit court to enforce the provisions of this Act, including actions to compel compliance, where efforts to resolve the employee's or applicant for employment's complaint concerning the violation by conference, conciliation or persuasion under subsection (b) have failed and the Department has not commenced an action in circuit court to redress the violation. The circuit court for the county in which the complainant resides or in which the complainant is employed shall have jurisdiction in such actions.
    (d) Failure to comply with an order of the court may be punished as contempt. In addition, the court shall award an employee or applicant for employment prevailing in an action under this Act the following damages:
        (1) Actual damages plus costs.
        (2) For a willful and knowing violation of this Act,
     $200 plus costs, reasonable attorney's fees, and actual damages.
        (3) For a willful and knowing violation of Section
     12(c) or Section 12(c‑2) of this Act, $500 per affected employee plus costs, reasonable attorneys