IllinoisSB2339104th General Assembly (2025–2026)SenateWALLET

PRIVACY IN THE WORKPLACE

Sponsored By: Javier L. Cervantes (Democratic)

Signed by Governor

Summary

Amends the Right to Privacy in the Workplace Act. Provides that an employer enrolled in an Employment Eligibility Verification System, including the E-Verify program, shall not impose work authorization verification or re-verification requirements greater than those required by the Employment Eligibility Verification System. Provides that, if an employer receives notification from any federal agency or other outside third party not responsible for the enforcement of immigration law of a discrepancy as it relates to an employee's individual taxpayer identification number or other identifying documents, guarantees specified rights and protections to the employee. Makes changes in provisions concerning the administration and enforcement of the Act by the Department of Labor. Sets forth provisions concerning action for civil penalties brought by an interested party; private right of action; penalties; and review under the Administrative Review Law.

assignmentslaborlabor & commerceexecutive

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 2 benefits, 1 costs, 3 mixed.

Workers gain remedies with lawsuit limits

People harmed by workplace privacy violations can sue individually or for similar workers without first completing an agency case. Available relief includes $100–$1,000 per violation, compensation for resulting damages, and litigation costs, expert fees, and reasonable attorney fees. For denial or loss of employment, courts can award reinstatement with the same seniority, back pay with interest, and a $10,000 penalty. The filing deadline is generally 3 years, with the clock paused when employers withhold required information or deter workers from exercising rights. Once a circuit court complaint is filed, another action about the same facts or alleged violations and people is barred. Claimants also cannot recover under more than one of the law’s three enforcement sections.

Employers face penalties with limited exceptions

Employers and prospective employers face $100–$1,000 for each workplace privacy law or rule violation. A repeat violation of the same provision within 3 years carries $1,000–$5,000 per violation. Each separate violation counts, and penalty decisions must consider business size and the violation’s seriousness. For Section 14 violations, penalties do not apply when employers rely in good faith on Illinois labor department or U.S. Homeland Security guidance. They also do not apply to genuine administrative errors that do not affect a worker’s or applicant’s employment or pay.

Workers gain protection against ID mismatches

Employers cannot take adverse action solely because they receive a covered written notice about a worker’s identification-document or taxpayer-number mismatch. Covered notices come from federal agencies or outside vendors not responsible for enforcing immigration law. Employers must notify workers and authorized representatives as soon as practicable, within 5 business days after receipt or deciding a response is needed, whichever is later. Shorter federal or union-contract deadlines control; notice must be in person when possible, otherwise by mail and email if known. Employers must explain the mismatch, any federal contest deadline, and required actions, and provide the original notice on request. Workers may bring a representative of their choice to related meetings, discussions, or proceedings.

State gains workplace privacy enforcement tools

The Illinois Department of Labor can investigate workplace privacy compliance when it finds cause and has enough resources. It can inspect workplaces and relevant records, and seek search warrants or subpoenas. After an investigator’s written complaint and a hearing, evidence-supported orders can stop violations, address their effects, and impose authorized penalties. The Attorney General can bring or join civil cases when there is reasonable cause to believe the law was violated. The Child Labor and Day and Temporary Labor Services Enforcement Fund can also support workplace privacy enforcement, subject to appropriation; no specific amount is provided.

Workers face limits on insurance complaints

The labor director or a court must dismiss certain complaints under Section 5 of the workplace privacy law. This applies when the only claim concerns employer-provided health, disability, or life insurance that varies coverage or price based on workers’ use of lawful products.

Worker groups gain privacy enforcement powers

Qualifying nonprofits and labor groups can sue when they reasonably believe an employer or prospective employer violated workplace privacy law. They can seek statutory penalties, court orders, and other relief available to the Illinois Department of Labor. Suits generally must be filed within 3 years, plus any allowed pause in that deadline. Groups must serve the Attorney General with the complaint and material evidence within 30 days; the state has 60 days to join, with extensions allowed. If the state joins, the group remains a party but faces limits, including court and Attorney General approval for dismissal or settlement. A winning group receives 10% of assessed statutory penalties, while 90% goes to the labor enforcement fund; attorney fees and costs may also be awarded.

Sponsors & Cosponsors

Sponsor

  • Javier L. Cervantes

    Democratic • Senate

Cosponsors

  • Abdelnasser Rashid

    Democratic • House

  • Adriane L. Johnson

    Democratic • Senate

  • Anne Stava

    Democratic • House

  • Barbara Hernandez

    Democratic • House

  • Celina Villanueva

    Democratic • Senate

  • Cristina Castro

    Democratic • Senate

  • Edgar González, Jr.

    Democratic • House

  • Elizabeth "Lisa" Hernandez

    Democratic • House

  • Eva-Dina Delgado

    Democratic • House

  • Graciela Guzmán

    Democratic • Senate

  • Karina Villa

    Democratic • Senate

  • Kevin John Olickal

    Democratic • House

  • Kimberly A. Lightford

    Democratic • Senate

  • Lakesia Collins

    Democratic • Senate

  • Lilian Jiménez

    Democratic • House

  • Mark L. Walker

    Democratic • Senate

  • Mary Edly-Allen

    Democratic • Senate

  • Mike Porfirio

    Democratic • Senate

  • Norma Hernandez

    Democratic • House

  • Rachel Ventura

    Democratic • Senate

  • Robert Peters

    Democratic • Senate

  • Willie Preston

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 281 • No: 140

Senate vote • 10/30/2025

House Floor Amendment No. 2 Senate Concurs

Yes: 37 • No: 20

Senate vote • 5/31/2025

House Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Executive;

Yes: 9 • No: 4

House vote • 5/31/2025

Third Reading - Short Debate - Passed

Yes: 75 • No: 42

House vote • 5/29/2025

House Floor Amendment No. 2 Recommends Be Adopted Rules Committee;

Yes: 5 • No: 0

House vote • 5/29/2025

Do Pass / Short Debate Labor & Commerce Committee;

Yes: 18 • No: 6

House vote • 5/27/2025

Motion to Suspend Rule 21 - Prevailed

Yes: 75 • No: 39

Senate vote • 4/10/2025

Third Reading - Passed;

Yes: 35 • No: 21

Senate vote • 4/8/2025

Senate Floor Amendment No. 2 Recommend Do Adopt Labor;

Yes: 13 • No: 5

Senate vote • 3/19/2025

Do Pass as Amended Labor;

Yes: 14 • No: 3

Actions Timeline

  1. Public Act . . . . . . . . . 104-0455

    12/12/2025Senate
  2. Effective Date December 12, 2025

    12/12/2025Senate
  3. Governor Approved

    12/12/2025Senate
  4. Sent to the Governor

    11/25/2025Senate
  5. Passed Both Houses

    10/30/2025Senate
  6. Senate Concurs

    10/30/2025Senate
  7. House Floor Amendment No. 2 Senate Concurs 037-020-000

    10/30/2025Senate
  8. 3/5 Vote Required

    10/30/2025Senate
  9. Added as Co-Sponsor Sen. Lakesia Collins

    10/29/2025Senate
  10. Added as Co-Sponsor Sen. Rachel Ventura

    10/16/2025Senate
  11. Placed on Calendar Order of Concurrence House Amendment(s) 2 - October 15, 2025

    10/14/2025Senate
  12. House Floor Amendment No. 2 Motion to Concur Be Approved for Consideration Assignments

    10/14/2025Senate
  13. House Floor Amendment No. 2 Motion to Concur Referred to Assignments

    7/2/2025Senate
  14. Pursuant to Senate Rule 3-9(b) / Referred to Assignments

    7/2/2025Senate
  15. House Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Executive; 009-004-000

    5/31/2025Senate
  16. House Floor Amendment No. 2 Motion to Concur Assignments Referred to Executive

    5/31/2025Senate
  17. House Floor Amendment No. 2 Motion to Concur Referred to Assignments

    5/31/2025Senate
  18. House Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Javier L. Cervantes

    5/31/2025Senate
  19. Placed on Calendar Order of Concurrence House Amendment(s) 2 - May 31, 2025

    5/31/2025Senate
  20. Secretary's Desk - Concurrence House Amendment(s) 2

    5/31/2025Senate
  21. Third Reading - Short Debate - Passed 075-042-000

    5/31/2025House
  22. 3/5 Vote Required

    5/31/2025House
  23. Placed on Calendar Order of 3rd Reading - Short Debate

    5/31/2025House
  24. House Floor Amendment No. 2 Adopted

    5/31/2025House
  25. Added Alternate Chief Co-Sponsor Rep. Elizabeth "Lisa" Hernandez

    5/29/2025House

Bill Text

  • Engrossed

  • Enrolled

  • House Amendment 1

  • House Amendment 2

  • Introduced

  • Senate Amendment 1

  • Senate Amendment 2

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