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HB 3364

PRIVACY IN THE WORKPLACE

104th Regular Session Introduced by Kelly Cassidy and 1 co-sponsor

Limits employers to federal E-Verify scope, strengthens employee privacy, and expands IDOL oversight with penalties and a private right of action.

Added Co-Sponsor Rep. Kelly M. Cassidy
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WeVote Research Nonpartisan
Bill Summary · HB 3364

Summary — HB 3364 (Right to Privacy in the Workplace Act amendments)

Status: Introduced Feb 18, 2025 (Rep. Eva‑Dina Delgado); Co‑sponsor added Apr 9, 2025 (Rep. Kelly M. Cassidy). Companion: SB 1442.

Purpose

Amend the Right to Privacy in the Workplace Act to (1) limit employer use of federal electronic employment verification systems (e.g., E‑Verify) to the scope required by federal law, (2) strengthen employee privacy and procedural protections tied to those systems, and (3) expand Department of Labor (IDOL) oversight and enforcement tools — including civil penalties and a private right of action.

Key provisions

  • Scope / Pre‑enrollment guidance

    • Reaffirms that employers are not required by state law to enroll in Electronic Employment Verification Systems (E‑Verify/Basic Pilot) beyond federal obligations.
    • IDOL must post on its website independent information (e.g., GAO, DHS studies) about E‑Verify database accuracy, employer time/financial burden, and employer legal responsibilities.

  • Employer attestation and posting requirements

    • Employers enrolled in an Employment Eligibility Verification System must, upon initial enrollment or within 30 days after this Act takes effect, attest under penalty of perjury (on an IDOL form) that:
    • They received DHS training materials and all program administrators completed the E‑Verify/Basic Pilot CBT (computer‑based tutorial).
    • They have posted DHS/DOJ/OSC notices required by federal guidance and maintain CBT completion certificates for inspection.

  • Prohibited employer practices (violations)

    • Failure to display required DHS/OSC notices in a visible location for applicants and employees.
    • Allowing system use by staff who have not completed CBT, or permitting circumvention (sharing IDs/passwords).
    • Using the verification system to screen applicants prior to hiring or before completing Form I‑9.
    • Taking adverse employment actions (termination, discipline, etc.) before receiving a final nonconfirmation from SSA or DHS.
    • Failing to provide written notice to an employee of a tentative nonconfirmation and the right and contact information to contest it.
    • Failing to safeguard verification system data and access credentials; using E‑Verify for non‑employment purposes.
    • Falsely posing as an employer to enroll or accessing data for non‑employees.

  • Protections following third‑party discrepancy notices

    • If an employer receives a discrepancy notice from a federal agency or other outside third party not charged with immigration enforcement (e.g., regarding an ITIN or identifying documents), the bill guarantees specified rights and protections to the affected employee (text establishes protections though full detail is in new sections added).

  • Enforcement and remedies

    • Expands IDOL administration/enforcement provisions.
    • Creates mechanisms for civil penalties, allows actions brought by interested parties, and adds an explicit private right of action for violations. Enforcement/review may be pursued under the Administrative Review Law.

Who is affected

  • Employers in Illinois using or enrolling in E‑Verify/other federal employment verification systems (new compliance duties: training, attestations, posting, data safeguards).
  • Prospective and current employees and job applicants (enhanced procedural and privacy protections, especially those with ITINs or non‑SSA matching issues).
  • Illinois Department of Labor (expanded posting, oversight, enforcement responsibilities).
  • Interested parties and private plaintiffs (new enforcement avenues).

Legislative/timeline notes

  • Introduced: 2/18/2025. First reading: 3/21/2025.
  • Committee activity: Referred to Rules, Labor & Commerce, Agriculture & Livestock; committee substitute considered 4/1/2025; public hearing and testimony 4/1/2025; reported favorably as substituted 4/17/2025; committee report sent to Calendars 4/28/2025. Committee report filed 4/25/2025.
  • Companion bill: SB 1442.

Practical impact

Employers who enroll in E‑Verify will face clearer state requirements and more procedural constraints intended to protect employee privacy and prevent misuse of verification systems. Employers should expect administrative steps (training, attestations, notice posting, records for inspection) and potential exposure to civil penalties and private litigation for noncompliance. The bill also increases IDOL’s role in educating employers about E‑Verify accuracy and burdens.

Compiled from official sources — confirm details with the bill’s official record.

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