HB3364 amends the Illinois Right to Privacy in the Workplace Act to further regulate how employers use employment eligibility verification systems, including E-Verify. The bill says employers enrolled in such systems may not impose work authorization verification or re-verification requirements that go beyond what the federal system requires. It also adds protections for employees when an employer receives a discrepancy notice from a federal agency or other outside third party, especially where the issue involves an employee’s taxpayer identification number or other identifying documents.
The bill expands employee notice and representation rights in workplace verification and inspection situations. It requires employers to give employees timely written notice of discrepancies, explain the basis for the issue, provide copies of relevant notices when requested, and allow the employee to have a representative present in related meetings. It also bars adverse action, including re-verification, based solely on receipt of certain discrepancy notices, and it applies these protections to public and private employers.
Impact
HB3364 would amend Sections 12, 13, 15, and 20 of the Right to Privacy in the Workplace Act and add new Sections 16 through 19. It would strengthen state-law limits on employer use of E-Verify and related employment verification systems, while creating new procedural obligations for employers when they receive immigration-related or identity-related discrepancy notices. The bill also broadens enforcement by adding an interested-party civil action, a private right of action for aggrieved employees, new civil penalties, and judicial review under the Administrative Review Law, thereby increasing potential liability for employers and expanding the role of the Illinois Department of Labor and courts in enforcement.
Sentiment
Based on the bill text and the absence of recorded committee discussion or votes, the available record suggests the measure is framed as a worker privacy and anti-misuse bill rather than a punitive immigration enforcement measure. Its stated purpose is to prevent employers from overreacting to verification-system discrepancies and to protect employees from premature adverse action. Because there are no transcripts or vote history provided, there is no documented public sentiment in the record beyond the bill’s protective framing and its likely appeal to employee-rights advocates.
Contention
The main points of contention are likely to be the bill’s restrictions on employer discretion and the added compliance burden on businesses that use E-Verify or receive discrepancy notices. Employers may object to limits on re-verification, mandatory notice timelines, representation rights, and exposure to private lawsuits and civil penalties. Supporters would likely emphasize employee privacy, due process, and protection against mistaken or overbroad verification practices. The bill also appears to raise questions about the interaction between state requirements and federal immigration-enforcement processes, though it includes language preserving compliance with federal law and memoranda of understanding.