On December 12, 2025, Illinois Governor Pritzker signed into law SB 2339 (“Amendment” or “SB 2339”), which amends the Right to Privacy in the Workplace Act. The law increases protections for workers’ privacy and restricts employers from taking adverse action against employees solely based on receiving a tentative non-confirmation letter (“mismatch letter”) regarding verification of employment eligibility. The passage of SB 2339, a response to increased federal immigration enforcement, ensures that employers satisfy federal requirements without compromising employee privacy. The Amendment became effective immediately, applies to public and private employers of Illinois employees and prospective employees, and subjects employers to civil actions, including a private right of action and penalties for non-compliance.

Obligations on Employer upon Receipt of “Mismatch” Letter

During the hiring process, employers are required to verify an employee’s identity and authorization to work in the U.S. by either reviewing I-9 documentation and completion of the I-9 forms, or using an electronic employment eligibility confirmation system, such as E-Verify to enter the I-9 information. SB 2339 aligns with federal law, which prohibits employers from requesting more or different documents than are required by Form I-9 to establish employees’ identity and employment authorization. Under SB 2339, employers are prohibited from taking adverse action against an employee solely on the basis of a notice of a mismatch in the employee’s taxpayer identification number or other required identifying documents received from any federal agency or other third party not responsible for enforcement of immigration law, such as the Social Security Administration, the Internal Revenue Service, or an insurance company.

Required Notice to Employee Regarding Receipt of “Mismatch” Letter

Illinois employers must give written notice to the employee or their representative within five business days after receiving or determining the action an employee must take on a mismatch letter, unless federal law or a collective bargaining agreement sets a shorter deadline.

Illinois employers are required to notify the employee in-person and by hand delivery if possible. If hand-delivery is not possible, mail and email delivery of the notice also are acceptable (if the email address is known), and the employer also must notify the employee’s authorized representative. The required content of the written notice to the employee must include but is not limited to 1) an explanation that a federal agency or vendor not responsible for enforcement of immigration law has notified the employer of a mismatch; 2) any action the employer is requiring the employee to take; and 3) the time period in which the employee has to contest the discrepancies in the information, if a time period is required under federal law.

Reconciling Notice Time Periods under SB 2339 and E-Verify

E-Verify rules require an employer to notify an employee of the mismatch letter within 10 federal government working days of issuance of the mismatch letter, and the employee must inform the employer of their decision to resolve the mismatch. Consequently, when a mismatch notification is received from E-Verify, Illinois employers must comply with both the notification deadlines under SB 2339 and federal rules.

Expanded Enforcement Authority Includes Private Right of Action

The law also expands enforcement options for aggrieved parties to seek damages for noncompliance. In addition to investigation and enforcement of the Amendment by the Illinois Department of Labor (IDOL), the Attorney General and interested parties, defined as labor unions and nonprofit organizations, may file civil lawsuits. Employees and “job applicants” may also file a complaint with the IDOL. Significantly, a private action also can be initiated by one or more “affected employees or prospective employees” on behalf of themselves and persons who are similarly situated.

Statutory penalties for non-compliance in actions initiated by the IDOL, the Attorney General, or an interested party, include fines ranging from $100 to $1,000 per violation. Employers or prospective employers with repeated violations within three (3) years shall face higher fines, ranging from $1,000 to $5,000 per infraction. In addition to these statutory penalties, interested parties may also seek injunctive relief, any other relief available to the IDOL, and attorney fees and costs.

In the event of a private right of action, a plaintiff is entitled to all relief necessary to make the employee whole, including reinstatement with appropriate seniority status, back pay, a civil penalty of $10,000 in cases of job loss or denial of employment, as well as compensation for damages sustained as a result of the violation, including costs and attorney fees.

Safe Harbor 

The law provides a safe harbor for employers and prospective employees who make honest mistakes. Employers will not be penalized for genuine administrative errors that do not affect an employee or prospective employee’s job or pay. Those who act in good faith after consulting with the IDOL or the Department of Homeland Security are also shielded from penalties. Employers are encouraged to document their compliance efforts and seek official guidance if needed.

Next Steps

To comply with SB 2339, employers should review and update their hiring and verification procedures and policies; train human resources and management teams about the new requirements; develop and maintain thorough records of employment verification activities; and monitor IDOL releases relating to additional guidance and regulations.

Contact us

Husch Blackwell can assist employers with updating or drafting policies and procedures to comply with the amendments to the Illinois Right to Privacy in the Workplace Act. If you have questions relating to the effect of the amendments on your employment contracts, contact Tracey O’Brien, Amanda Ellis, or your Husch Blackwell attorney.