Who must post the Illinois Right to Privacy in the Workplace & E-Verify Poster?
The Illinois Right to Privacy in the Workplace Act requires Illinois employers participating in the federal E-Verify program to post the Illinois Right to Privacy in the Workplace & E-Verify Poster. (820 ILCS 55/12). State law also requires employers enrolled in E-Verify to post the federal E-Verify Participation posting and the federal Right to Work posting. Additionally, employers must attest, on a form available from the Illinois Department of Labor (IDOL), that the employer has complied with all E-Verify training requirements and posting responsibilities. Employers are required to maintain Attestation Forms and make them available for inspection and copying by the Illinois Department of Labor (IDOL) at any reasonable time.
What topics are covered on the Illinois Right to Privacy in the Workplace & E-Verify Poster?
- What is the federal E-Verify System? E-Verify is an electronic system that compares a worker’s Form I-9 information with government databases to verify employment eligibility.
- Does Illinois law require employers to use E-Verify? State law does not require employers to participate in E-Verify beyond that which may be required under federal law.
- May a unit of local government require an employer to use E-Verify? State law prohibits local governments from requiring any employer to use E-Verify.
- What should an employer know? The IDOL website has information about E-Verify accuracy, employers’ E-Verify responsibilities, and misuse of the system.
- What should an employee know? State law prohibits employers from using E-Verify to check the immigration status of current employees or pre-screen prospective employees that have not been offered a job, and prohibits employers from retaliating against employees for reporting violations of State law.
- What happens if there is a discrepancy in an employee’s employment verification information? Employers must follow certain steps, including providing the employee with specific information about the claimed discrepancy and, in some cases, allowing the employee to correct the discrepancy.
- How to file a complaint and obtain more information? The poster provides a link for filing complaints online, along with new contact information for inquiries related to State law.
The Illinois Right to Privacy in the Workplace & E-Verify Poster must be posted in English, Spanish, and Polish. To comply with this requirement, the Illinois Right to Privacy in the Workplace & E-Verify Poster is in a 3-language (English/Spanish/Polish) format.
