On December 12, 2025, Governor Pritzker signed Senate Bill 2339 into law as Public Act 104-0455, bringing significant updates to Illinois’ Right to Privacy in the Workplace Act. This legislation, now effective immediately, redefines employer responsibilities around employment eligibility verification and enhances privacy protections for employees. These protections apply to both public and private employers in Illinois.
Notably, the law provides that an employer enrolled in an Employment Eligibility Verification System, including the E-Verify program, must not impose work authorization verification or re-verification requirements greater than those required by the Employment Eligibility Verification System. The law prohibits employers from taking adverse action against an employee based only on receipt of a notice of a discrepancy (sometimes called a “no match” letter) between an employee’s individual taxpayer identification number or other identifying documents from any federal agency or other outside vendor not responsible for the enforcement of immigration law, such as the Social Security Administration, the Internal Revenue Service or an insurance company. The law also requires employers to provide certain notice to the employee upon receipt of such a notification.
The law provides multiple avenues for enforcement, including the Illinois Department of Labor, the Attorney General, interested parties, or by private right of action.
Penalties for Non-Compliance
Employers that violate these protections can face significant consequences:
- Civil penalties ranging from $100 to $1,000 per violation found by the Department or determined by a court in a civil action or determined by a court in a civil action brought by the Attorney General brought by the Department or by an interested party.
- For repeated violations within a three-year period, penalties increase to $1,000 to $5,000 per violation.
- In cases where an employee was unlawfully denied or suffered loss employment, remedies include reinstatement, back pay with interest, and a civil penalty of $10,000.
Employers are shielded from penalties only if they act in good faith reliance on official guidance from the Illinois Department of Labor or the federal Department of Homeland Security, or if any bona fide administrative error did not affect an employee or prospective employee’s employment or pay.
Why These Changes Matter
SB 2339 significantly expands employee protections while increasing potential exposure for employers that fail to comply with its requirements. Employers should promptly review their employment eligibility verification practices, internal policies, and procedures for responding to discrepancy notices to ensure they align with the updated law.
At this time, we do not anticipate any conflict between SB 2339 and existing DHS requirements. Employers should continue to comply with federal employment eligibility verification obligations while ensuring alignment with the amended Illinois law.
For more information about SB 2339 and guidance on implementation, please contact one of our attorneys.