Illinois Expands Employee Privacy Rights

On December 12, 2025, Illinois took a significant step to strengthen employee protections related to work authorization by enacting Senate Bill 2339. Given the increase in federal immigration enforcement, the state of Illinois adopted this measure to redefine employer obligations and safeguard workers from unfair employment actions based on potentially inaccurate or misused data. This bill took effect immediately and applies to both public and private employers statewide.

Specifically, SB 2339 amends the Right to Privacy in the Workplace Act by explicitly barring employers from imposing stricter employment authorization or re-verification standards than those required under federal law. It also prohibits employers from taking adverse actions—such as suspension or termination—based solely on federal agency notifications (like "no-match" letters) or third-party reports indicating discrepancies in employee identification documents.