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Recent amendments to the Illinois Right to Privacy in the Workplace Act include important employer responsibilities effective immediately; Massachusetts and Washington may soon enact similar laws.
California's recent Workplace Know Your Rights Act (analyzed here) appears to have been the start of a legislative trend: states enacting laws creating new immigration-related employer responsibilities. The California law focuses on employer preparation for and responses to onsite immigration enforcement actions (e.g., an "ICE raid"), while Illinois' new law creates employer obligations regarding the employment authorization process.
Specifically, on December 12, 2025, Illinois amended its Right to Privacy in the Workplace Act by enacting Senate Bill 2339. The amendment took effect immediately and applies to both public and private employers statewide. Under the amendment, employers may not:
- Impose stricter employment authorization or re-verification standards than those required under federal law
- Take adverse employment actions (like suspension or termination) based solely on notifications from federal agencies not responsible for immigration enforcement notifications (like Social Security Administration "no-match" letters)
- Take adverse employment actions based solely on notifications from outside vendors indicating discrepancies in employee identification documents
Required Notice
Employers must now notify any affected employee in writing within five business days of receipt of an agency or third-party notification of discrepancy. The notice must include at least:
- An explanation that the federal agency or outside vendor has notified the employer that the identification documents presented by the employee do not appear to match
- The time period the employee has to contest the disputed information, if such a period is required by federal law
- Any action the employer is requiring the employee to take
Notice should be delivered in person and by hand; if personal notice is not feasible, it must be sent via both regular mail and email. The notice must also be provided to the employee's "authorized representative," if applicable. If the employee or their authorized representative requests the original notice, it must be provided.
Penalties
Civil penalties range from $100 to $1,000 per violation, with additional remedies in cases of job loss including reinstatement, back pay, and up to $10,000 in civil penalties. Repeat offenses can result in civil penalties of $1,000 to $5,000 per violation. No penalties will be imposed against an employer found to have acted in good faith after consulting with the Illinois Department of Labor or the Department of Homeland Security, or if an honest administrative mistake did not affect an employee's pay or job status. Successful claimants may also receive attorneys' fees and related expenses.
Relatedly, SB 2339 enhances enforcement by enabling labor unions and certain nonprofit organizations to initiate civil lawsuits as "interested parties." Individual employees, job applicants, or their representatives may also file lawsuits directly in Illinois courts.
More States To Follow?
Massachusetts and Washington are currently considering, but have not yet enacted, comparable measures. Massachusetts Senate Bill 2665, modeled in part on Illinois' Right to Privacy in the Workplace Act, would impose an obligation to notify employees of Form I-9 inspections and documentation discrepancies within 72 hours of an employer receiving related notice from a government agency.
Washington House Bill 2105 and identical Senate Bill 5852, collectively called the Immigrant Worker Protection Act, would require employers to notify employees when federal immigration agents are conducting inspections of employment authorization or related audits. Under the proposal, employers would have to alert workers about the results of the audit within 72 hours of receiving notice and could face penalties for noncompliance. The act was introduced by legislators on December 8, 2025, following the proposal of Washington Attorney General Nick Brown.
Perkins Coie will continue to monitor these bills—as well as any additional states' efforts affecting immigration-related employer responsibilities.
Action Items
- Update related verification and notification procedures and policies.
- Train employees responsible for managing Illinois applicant and employee work authorization verification on the new rules.
- Regularly monitor for updates to these requirements and new legislative developments, especially given the recent rapid rate of change to immigration enforcement rules and priorities.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
