IDOL Clarifies Use of E-Verify

By Stephanie Dorning, JD, Employment Law Counsel
Published November 12, 2024

The Illinois Department of Labor (IDOL) recently issued some much-needed guidance on new restrictions surrounding the use of E-Verify by Illinois employers. The updated FAQ clarifies many important aspects of the changes, particularly that employers are NOT barred from voluntary enrollment in the program.

As of our previous article, there was still concern that upcoming amendments to the Right to Privacy in the Workplace Act would effectively prohibit employers from choosing to use E-Verify, unless otherwise required to do so as federal contractors. 

In the updated FAQ the Illinois Department of Labor specifies that “Illinois law does not prohibit any employer from using E-Verify. However, employers who use E-Verify must follow the requirements of the Right to Privacy in the Workplace Act.”

Given this clarification, Illinois employers may continue using E-Verify regardless of whether it is required as part of a federal contract. 

The FAQ provides additional guidance regarding the use of E-Verify and employer responsibilities under the Act. The amended Act still prohibits employers from using E-Verify to check immigration status of applicants and prospective employees and stipulates that E-Verify may only be utilized after extension of a formal job offer. The amendments also impose additional requirements when the program uncovers a potential discrepancy in an employee’s employment verification information. Per the updated FAQ, if an employer finds a potential discrepancy, they must:

“[F]ollow certain steps if they believe that an employee’s employment verification information is inaccurate, which includes providing the employee with specific information about the claimed discrepancy and allowing the employee to correct the discrepancy (if required by law). An employee has the right to representation during any meetings or discussions regarding employment verification information.” Employers may not move to rescind the offer or terminate the employee until after this process is completed.

While this FAQ is a helpful tool for understanding these amendments to the Right to Privacy in the Workplace Act, be aware that this FAQ is only agency guidance and does not carry the force of law. HR Source members with questions can contact us through the HR Hotline Online or at 800-448-4584.