Illinois Employment Verification Protections and Discrimination Laws

Several pieces of legislation are slated to impact employers in the state of Illinois.

Under Senate Bill 508, employers using E-Verify (or other electronic employment verification systems) will be required to provide specific notices when a discrepancy exists in the information. This will go into effect January 1, 2025.

The purpose of the bill is to prevent employers in the state from imposing authorization, verification, or re-verification requirements that exceed those required under federal law.

Review full bill details here.

New workplace protections for minors under age 16 are also slated to go into effect on January 1, 2025, under Senate Bill 3646. Applicable minor employees may not work:

  • Over 18 hours per week (when school is in session)
  • Over 40 hours per week (when school isn’t in session)
  • Over 8 hours in a 24-hour period
  • Between 7 p.m. and 7 a.m. (from Labor Day until June 1)
  • Between 9 p.m. and 7 a.m. (from June 1 until Labor Day)
  • Over 3 hours per day (or 8 combined hours of work and school) on days when school is in session

Some exceptions may apply. Review the text of the law to learn more.

Employers are not allowed to require employees to attend meetings on religious or political matters. They are prohibited from taking adverse action against an employee for refusing to attend or participate in such a meeting.

Employers must post a notice within 30 days of the regulation going into effect (January 1, 2025) to inform employees and remain compliant.

New pay statement requirements will also take effect on January 1, 2025. Read the text of SB 3208 to find out what is required of employers.

Additionally, new guardrails are in place against discrimination by AI. Under House Bill 3773, employers may not use AI for employment purposes if doing so subjects employees to discrimination on the basis of protected classes. Employers must also provide notices to applicants and employees when AI is used for employment purposes, including recruiting and hiring, promotion, selection for training or apprenticeships, tenure, discipline, discharge, or other conditions.

Discrimination is also prohibited on the basis of family responsibilities. The law defines any actual or perceived provision of care to a member of the family, including meeting their basic nutritional, medical, hygiene, or safety needs. Employers are not required to make accommodations or modifications to an employee based on family responsibilities, as long as the policies apply equally to all employes under the state’s anti-harassment and nondiscrimination laws.

This article is informational and does not constitute legal or financial advice. Consult with an employment lawyer or accountant for additional clarification on how these changes impact your company.

Recent Posts