Illinois General Assembly - Full Text of Public Act = 096-0623

From: Subject: Illinois General Assembly - Full Text of Public Act 096-0623 Date: Fri, 4 Sep 2009 08:04:48 -0500 MIME-Version: 1.0 Content-Type: multipart/related; type="text/html"; boundary="----=_NextPart_000_0000_01CA2D36.5F57BD70" X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.5579 This is a multi-part message in MIME format. ------=_NextPart_000_0000_01CA2D36.5F57BD70 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=096-0623&print=true&write= Illinois General Assembly - Full Text of Public Act = 096-0623

Public Act = 096-0623

SB1133 Enrolled

LRB096 07212 WGH 17298=20 b

AN ACT =
concerning=20
      employment.

Be it = enacted=20 by the People of the State of Illinois,

represented in the General Assembly:=20

Section =
5.=20

The Right to Privacy in the Workplace Act is =

amended by changing Sections 12 and 15 as=20
      follows:

(820 ILCS =

      55/12)

Sec. 12.=20

Use

~~Restrictions on=20 use~~

 of Employment Eligibility =

Verification Systems.

(a)=20

Prior to choosing to voluntarily enroll in any=20

Electronic Employment Verification System,=20
      including the

E-Verify program and the Basic Pilot =
program, as=20
      authorized by

8 U.S.C. 1324a, Notes, Pilot Programs for=20
      Employment

Eligibility Confirmation (enacted by P.L. =
104-208,=20
      div. C,

title IV, subtitle A), employers are urged =
to=20
      consult the

Illinois Department of Labor's website for =
current=20
      information

on the accuracy of E-Verify and to review =
and=20
      understand an

employer's legal responsibilities relating =
to the=20
      use of the

voluntary E-Verify =
program.

=20

~~Employers are prohibited from =~~

~~enrolling in any Employment = Eligibility=20 Verification System,~~

~~including the Basic Pilot program, as=20 authorized by 8 U.S.C.~~

~~1324a, Notes, Pilot Programs for = Employment=20 Eligibility~~

~~Confirmation (enacted by PL 104-208, = div. C,=20 title IV, subtitle~~

~~A), until the Social Security = Administration=20 (SSA) and~~

(1)=20
      that the employer has received the Basic Pilot

or=20

~~Department of Homeland Security (DHS)=20 databases are able to~~

~~make a determination on 99% of the = tentative=20 nonconfirmation~~

~~notices issued to employers within 3 = days,=20 unless otherwise~~

~~required by federal = law.~~

(a-1) =
The=20
      Illinois Department of Labor (IDOL) shall post on =

its website information or links to =
information=20
      from the United

States Government Accountability Office, =
Westat, or=20
      a similar

reliable source independent of the =
Department of=20
      Homeland

Security regarding: (1) the accuracy of the =

      E-Verify databases;

(2) the approximate financial burden and=20
      expenditure of time

that use of E-Verify requires from =
employers; and=20
      (3) an

overview of an employer's responsibilities =
under=20
      federal and

state law relating to the use of=20
      E-Verify.

(b)=20

Upon initial enrollment in an Employment =
Eligibility=20

Verification System or within 30 days after =
the=20
      effective date

of this amendatory Act of the 96th General=20
      Assembly, an

employer enrolled in E-Verify or any other=20
      Employment

Eligibility Verification System must=20
      attest,

~~Subject to=20~~

~~subsection (a) of this Section, an = employer=20 who enrolls in the~~

~~Basic Pilot program is prohibited from = the=20 Employment~~

~~Eligibility Verification Systems, to = confirm=20 the employment~~

~~authorization of new hires unless the = employer=20 attests,~~ under

penalty of perjury, on a form prescribed by =
the=20

IDOL available

on the IDOL website

=20

~~Department of=20 Labor~~:

E-Verify

=20
      training materials from

the Department of=20

~~personnel=20 who will administer the program have completed~~ ~~= (2)=20 that the employer has posted the notice from DHS~~ ~~= (1)=20to fail to=~~The=20 employer shall~~display the notices =~~ ~~employees;=20 .~~

Homeland Security=20
      (DHS)

~~DHS~~

, and=20
      that

all employees

the Basic Pilot=20

or E-Verify

 Computer Based =
Tutorial=20
      (CBT);

and

indicating that the =
employer=20
      is enrolled in the Basic Pilot

or=20
      E-Verify

 program =

and

=20

~~,~~

 the =
anti-discrimination=20
      notice

issued by the Office =
of=20
      Special Counsel for

Immigration-Related =
Unfair=20
      Employment Practices (OSC),

Civil Rights Division, =
U.S.=20
      Department of Justice

in a

prominent place =
that is=20
      clearly visible to both prospective

and current =
employees. The=20
      employer must maintain the

signed original of =
the=20
      attestation form prescribed by the

IDOL, as well as =
all CBT=20
      certificates of completion and

make them available =
for=20
      inspection or copying by the IDOL

at any reasonable=20
      time

~~, and the anti-discrimination notice =~~

~~issued by the = Illinois=20 Department of Human Rights = (IDHR)~~.

(c)=20

It is a violation of this Act for an employer =
enrolled=20

in an Employment Eligibility Verification =
System,=20
      including

the E-Verify program and the Basic Pilot=20
      program:

~~Responsibilities of employer using = Employment=20 Eligibility~~

~~Verification = Systems.~~

supplied by DHS=20

and

=20

~~,~~

 =
OSC

~~, and=20 IDHR~~ in a prominent place

that is clearly =
visible to=20

both

 prospective =

and=20
      current

= (2)=20 to allow any employee to use an Employment=20 CBT. = (3)=20 to fail to take reasonable steps to prevent an=20 Manual.= = (4)=20 to use the Employment Eligibility Verification=20 = (5)=20 to terminate an employee or take any other adverse = Eligibility = Verification=20 System prior to having completed CBT;=20 The employer shall require that all employer=20 representatives=20 performing employment verification queries = complete the = CBT. The=20 employer shall attest, under penalty of perjury, on = a form=20 prescribed by the Department of Labor, that = the=20 employer representatives completed the employee from = circumventing=20 the requirement to complete the CBT by assuming = another=20 employee's E-Verify or Basic Pilot user = identification=20 or password; The employer = shall=20 become = familiar with=20 and comply with the Basic Pilot System to verify = the=20 employment eligibility of job applicants prior to = hiring=20 or to otherwise use the Employment = Eligibility=20 Verification System to screen individuals prior = to hiring=20 and prior to the completion of a Form=20 I-9; The employer shall = notify all=20 prospective employees at = the time=20 of application that such employment verification = system=20 may be used for immigration enforcement=20 purposes. employment action = against=20 an individual prior to receiving a final = nonconfirmation=20 notice from the Social Security = = (6)=20 to fail to notify an individual, in writing, of = the=20 = (7)=20 to fail to = The=20 employer shall use the information it=20 (such as passwords and other privacy=20 protections).=20 , An = Administration or = the=20 Department of Homeland Security; = The=20 employer shall = provide=20 all employees who receive a tentative=20 nonconfirmation with a referral letter and = contact = information=20 for what agency the employee must contact to = resolve the=20 discrepancy. employer's receipt = of a=20 tentative nonconfirmation notice, of the individual's = right=20 to contest the tentative nonconfirmation = notice, and=20 of the contact information for the relevant = government=20 agency or agencies that the individual must = contact to=20 resolve the tentative nonconfirmation=20 notice; The employer shall = comply=20 with the Illinois Human = Rights=20 Act and any applicable federal anti-discrimination=20 laws. it receives = from SSA=20 or DHS only to confirm the employment eligibility of = newly-hired employees after completion of = the Form I-9. = The=20 employer shall safeguard=20 the=20 this information=20 contained in the Employment Eligibility = Verification=20 System, and the = means of=20 access to the system = employer=20 shall = to=20 ensure that the System=20 it is not used for=20 any=20 other purpose=20 other than employment verification of = newly hired=20 employees and shall=20 ensure as necessary to=20 protect its=20 confidentiality, including ensuring that=20 the information = contained in=20 the System and the means of access = = (1)=20 as a condition of receiving a government = contract; = (2)=20 as a condition of receiving a business license;=20 or to the System=20 are it = is not=20 disseminated to any person other than employees=20 of the employer who = need=20 such information and=20 access = it to=20 perform the employer's employment=20 verification=20 responsibilities;=20 . (c-1) = Any=20 claim that an employer refused to hire, segregated, or acted with respect to = recruitment,=20 hiring, promotion, renewal or employment, selection = for=20 training or apprenticeship, discharge, discipline, = tenure or=20 terms, privileges, or conditions of employment = without=20 following the procedures of the Employment Eligibility=20 Verification System, including the Basic Pilot and E-Verify = programs,=20 may be brought under paragraph (G)(2) of Section 2-102 of = the=20 Illinois Human Rights Act; = (c-2) = It is a=20 violation of this Section for an individual to falsely pose as an employer in order to = enroll=20 in an Employment Eligibility Verification System = or for=20 an employer to use an Employment Eligibility = Verification=20 System to access information regarding an individual who is = not an=20 employee of the employer. = (d) = Preemption.=20 Neither the State nor any of its political=20 subdivisions, nor any=20 No unit of local = government,=20 including a home rule unit, may require any employer to = use an=20 Employment Eligibility Verification System, including = under the=20 following circumstances: = (3)=20 as penalty for violating licensing or other similar = laws. This = subsection=20 (d) is a denial and limitation of home rule powers and functions under subsection (h) of = Section 6=20 of Article VII of the Illinois = Constitution.=20 (Source: P.A. 95-138, eff.=20 1-1-08.) = (820 ILCS = 55/15) (from Ch. 48, par.=20 2865) Sec. 15.=20 Administration and enforcement. = (a) The = Director=20 of Labor or his authorized representative shall administer and enforce the provisions of = this=20 Act. The Director of Labor may issue rules and = regulations=20 necessary to administer and enforce the provisions of this=20 Act. (b) If an = employee or applicant for employment alleges that = he or she has been denied his or her rights = under this=20 Act, he or she may file a complaint with the = Department of=20 Labor. The Department shall investigate the complaint and = shall=20 have authority to request the issuance of a search = warrant=20 or subpoena to inspect the files of the employer = or=20 prospective employer, if necessary. The Department shall = attempt=20 to resolve the complaint by conference, conciliation, or=20 persuasion. If the complaint is not so resolved and the = Department=20 finds the employer or prospective employer has violated = the Act,=20 the Department may commence an action in the = circuit court=20 to enforce the provisions of this Act including = an action=20 to compel compliance. The circuit court for the = county in=20 which = (1)=20 Actual damages plus costs. = = (2)=20 For a willful and knowing violation of this Act, = (3)=20 For a willful and knowing violation of Section = the complainant resides or in which the = complainant is=20 employed shall have jurisdiction in such = actions.=20 (c) If an = employer or prospective employer violates this Act, an employee or applicant for employment = may=20 commence an action in the circuit court to enforce the = provisions=20 of this Act, including actions to compel compliance, = where=20 efforts to resolve the employee's or applicant for = employment's=20 complaint concerning the violation by conference, = conciliation=20 or persuasion under subsection (b) have failed = and the=20 Department has not commenced an action in circuit court = to=20 redress the violation. The circuit court for the county in = which=20 the complainant resides or in which the = complainant is=20 employed shall have jurisdiction in such = actions.=20 (d) = Failure to=20 comply with an order of the court may be punished as contempt. In addition, the court = shall=20 award an employee or applicant for employment = prevailing in an=20 action under this Act the following = damages:=20 $200 plus costs, = reasonable=20 attorney's fees, and actual damages.=20 12(c) or Section = 12(c-2) of=20 this Act, $500 per affected employee plus = costs,=20 reasonable attorneys=92 fees, and actual=20 damages. (e) Any = employer=20 or prospective employer or his agent who = violates the provisions of this Act is guilty = of a=20 petty offense. (f) Any = employer=20 or prospective employer, or the officer or agent of any employer or prospective employer, = who=20 discharges or in any other manner discriminates against = any=20 employee or applicant for employment because that employee = or=20 applicant for employment has made a complaint to his = employer, or to=20 the Director or his authorized representative, or = because=20 that employee or applicant for employment has = caused to be=20 instituted or is about to cause to be = instituted any=20 proceeding under or related to this Act, or because that = employee=20 or applicant for employment has testified or is = about to=20 testify in an investigation or proceeding under this = Act, is=20 guilty of a petty offense. = (Source: P.A. 87-807.)=20 Effective Date: 1/1/2010 ------=_NextPart_000_0000_01CA2D36.5F57BD70 Content-Type: text/css; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable Content-Location: http://www.ilga.gov/style/lis.css BODY { FONT-FAMILY: Arial; 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