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Summary of differences between federal and state regulations
Federal contractors with qualifying contracts must participate in the E-Verify Program, using it to verify new employees and existing employees assigned to a federal contract (qualifying federal contractors may choose to verify the entire workforce).
Employers without federal contracts are not required by federal law to use E-Verify, but may be required to do so by state law.
Employers in Illinois may voluntarily use the E-Verify system. Employers who use E-Verify must follow the requirements of the state's Right to Privacy in the Workplace Act.
Under the act, if an employer believes an employee's employment verification information is inaccurate, the employer must provide the employee with specific information about the discrepancy and allow the employee to correct the discrepancy if required by law. An employee has the right to representation during meetings or discussions regarding employment verification.
An employer must not:
- Allow an employee to use the E-Verify system without having completed the training program.
- Use E-Verify as a screening mechanism for prospective employees.
- Terminate an employee before a final nonconfirmation notice has been received.
- Fail to notify the employee in writing of the employer's receipt of a tentative nonconfirmation notice and the employee's right to contest a tentative nonconfirmation.
- Fail to safeguard information in the E-Verify program database.
An employer using the E-Verify system must attest on a form prescribed by the state Department of Labor that the employer:
- Has received E-Verify training materials and all personal have completed the tutorial, and
- The employer has posted the required E-Verify and anti-discrimination notices.
The form must be made available for inspection upon request from the Illinois Department of Labor.
Employees or applicants who feel their rights have been denied can file a complaint with the Illinois Department of Labor.