Illinois Updates Workplace Privacy Law for E-Verify Mismatch Notices

Starting December 12, 2025, amendments to the Illinois Right to Privacy in the Workplace Act (IRPWA) now prohibit Illinois employers from taking an adverse action based solely on a discrepancy notice received from a governmental agency (including an E-Verify Tentative Nonconfirmation notice) or an outside vendor not responsible for immigration enforcement. If an employer receives such a notice, it must alert the affected employee within five business days and provide the employee with the information prescribed by the IRPWA amendments. The IRPWA amendments grant enforcement authority to the Illinois Department of Labor (IDOL) and the Illinois Attorney General and, notably, give an aggrieved employee or job applicant a private right of action for violations. Unlike some employment law statutes, the IRPWA amendments do not require an aggrieved employee or applicant to file a complaint with IDOL or exhaust administrative remedies before filing a lawsuit.

Checkr Takeaway: Illinois employers should review their E-Verify and discrepancy-response practices to ensure that adverse action is not taken based solely on discrepancy notices and that any notifications meet the new timing, delivery, and content requirements.