Illinois Passes Amendment Providing Expanded Employer Responsibility For Employers Using E-Verify

The Illinois Right to Privacy in the Workplace Act (the “Act”) has been amended to address the steps an Illinois employer using E-Verify must take in the event it receives written notification from the federal government (such as the Social Security Administration or the IRS), an outside vendor, or an insurance company that an employee has a discrepancy with their taxpayer ID number or other identifying documents. These written notifications (such as an SSA “no-match” letter) are not uncommon and have been a thorn in the side of employers for years.

The Amendment prohibits employers from taking adverse action (such as termination of employment) against an employee solely based on the receipt of the written notification. Rather, the employer is required to provide the written notification to the employee (and to any authorized representative such as a union) within five business days of either receipt or after determining that the employee has an obligation