The Illinois legislature recently passed Senate Bill 1515 and has sent it to the Governor to sign. Should the Governor sign it, the bill would amend Illinois’s Right to Privacy in the Workplace Act (820 ILCS § 55). For example, it would mandate employers follow a specific procedure when taking adverse action against a worker.
The bill concerns adverse action after employers receive a notice from an employment eligibility verification (Form I-9) system, such as E-Verify, about discrepancies. Examples of discrepancies include the worker’s name or listed Social Security Number (SSN). In addition, the Amendment protects employees affected by such disparities.
The specific procedure mentioned by SB 1515 concerns employers using electronic systems to verify workers’ employment eligibility, such as E-Verify. Examples of these rules include the following:
Employees affected by the discrepancy found by a state or federal agency will have the following rights:
Employers who receive a notification from a state or federal agency concerning a remedied discrepancy must do the following:
It remains uncertain whether the Governor will sign SB 1515. While waiting, employers should prepare for the chance it becomes law. They can do this by reviewing policies concerning the employment eligibility verification process. Unfortunately, employers often find Form I-9 regulations confusing, mainly because they constantly change, as demonstrated in SB 1515. The best way to ensure correctly submitted Form I-9s is by using an electronic I-9 management system. This system will guide employers through the process, store the forms and documentation, and send alerts when necessary.
Ensure compliance today by switching to an electronic I-9 management tool with I-9Compliance.