Illinois Compiled Statutes
Chapter 820 - EMPLOYMENT
820 ILCS 55/ - Right to Privacy in the Workplace Act.

(820 ILCS 55/1) (from Ch. 48, par. 2851)
Sec. 1.
Short title.
This Act may be cited as the Right to Privacy in the Workplace Act.

(Source: P.A. 87-807.)
 
(820 ILCS 55/5) (from Ch. 48, par. 2855)
Sec. 5. Discrimination for use of lawful products prohibited.
(a) Except as otherwise specifically provided by law, including Section 10-50 of the Cannabis Regulation and Tax Act, and except as
provided in subsections (b) and (c) of this Section, it shall be unlawful
for an employer to refuse to hire or to discharge any individual, or
otherwise disadvantage any individual, with respect to compensation, terms,
conditions or privileges of employment because the individual uses lawful
products off the premises of the employer during nonworking and non-call hours. As used in this Section, "lawful products" means products that are legal under state law. For purposes of this Section, an employee is deemed on-call when the employee is scheduled with at least 24 hours' notice by his or her employer to be on standby or otherwise responsible for performing tasks related to his or her employment either at the employer's premises or other previously designated location by his or her employer or supervisor to perform a work-related task.
(b) This Section does not apply to any employer that is a non-profit
organization that, as one of its primary purposes or objectives,
discourages the use of one or more lawful products by the general public.
This Section does not apply to the use of those lawful products which
impairs an employee's ability to perform the employee's assigned duties.
(c) It is not a violation of this Section for an employer to offer,
impose or have in effect a health, disability or life insurance policy that
makes distinctions between employees for the type of coverage or the price
of coverage based upon the employees' use of lawful products provided that:
(Source: P.A. 101-27, eff. 6-25-19.)
 
(820 ILCS 55/10) (from Ch. 48, par. 2860)
Sec. 10. Prohibited inquiries; online activities.
(a) It shall be unlawful for any employer
to inquire, in a written application or in any other manner, of any
prospective employee or of the prospective employee's previous employers,
whether that prospective employee has ever filed a claim for benefits under
the Workers' Compensation Act or Workers' Occupational Diseases Act or
received benefits under these Acts.
(b)(1) Except as provided in this subsection, it shall be unlawful for any employer or prospective employer to:
(2) Nothing in this subsection shall limit an employer's right to:
(3) Nothing in this subsection shall prohibit an employer from:
(4) If an employer inadvertently receives the username, password, or any other information that would enable the employer to gain access to the employee's or potential employee's personal online account through the use of an otherwise lawful technology that monitors the employer's network or employer-provided devices for network security or data confidentiality purposes, then the employer is not liable for having that information, unless the employer:
(5) Nothing in this subsection shall prohibit or restrict an employer from complying with a duty to screen employees or applicants prior to hiring or to monitor or retain employee communications as required under Illinois insurance laws or federal law or by a self-regulatory organization as defined in Section 3(A)(26) of the Securities Exchange Act of 1934, 15 U.S.C. 78(A)(26) provided that the password, account information, or access sought by the employer only relates to an online account that:
(6) For the purposes of this subsection:
 
(820 ILCS 55/12)
Sec. 12. Use of Employment Eligibility Verification Systems.
(a) Prior to choosing to voluntarily enroll in any Electronic Employment Verification
System, including the E-Verify program and the Basic Pilot program, as authorized by 8 U.S.C.
1324a, Notes, Pilot Programs for Employment Eligibility Confirmation (enacted by P.L. 104-208, div. C, title IV, subtitle A), employers are urged to consult the Illinois Department of Labor's website for current information on the accuracy of E-Verify and to review and understand an employer's legal responsibilities relating to the use of the voluntary E-Verify program.
(a-1) The Illinois Department of Labor (IDOL) shall post on its website information or
links to information from the United States Government Accountability Office, Westat, or a similar
reliable source independent of the Department of Homeland Security regarding: (1) the accuracy
of the E-Verify databases; (2) the approximate financial burden and expenditure of time that use
of E-Verify requires from employers; and (3) an overview of an employer's responsibilities under
federal and state law relating to the use of E-Verify.
(b) Upon initial enrollment in an Employment Eligibility Verification System or within
30 days after the effective date of this amendatory Act of the 96th General Assembly, an
employer enrolled in E-Verify or any other Employment Eligibility Verification System must
attest, under penalty of perjury, on a form prescribed by the IDOL available on the IDOL website:
(c) It is a violation of this Act for an employer enrolled in an Employment Eligibility Verification System, including the E-Verify program and the Basic Pilot program:
(c-1) Any claim that an employer refused to hire, segregated, or acted with respect to
recruitment, hiring, promotion, renewal or employment, selection for training or apprenticeship,
discharge, discipline, tenure or terms, privileges, or conditions of employment without following
the procedures of the Employment Eligibility Verification System, including the Basic Pilot and
E-Verify programs, may be brought under paragraph (G)(2) of Section 2-102 of the Illinois
Human Rights Act.
(c-2) It is a violation of this Section for an individual to falsely pose as an employer in
order to enroll in an Employment Eligibility Verification System or for an employer to use an
Employment Eligibility Verification System to access information regarding an individual who is
not an employee of the employer.
(d) Preemption. Neither the State nor any of its political subdivisions, nor any unit of local government, including a home rule unit, may require any employer to use an Employment Eligibility Verification System, including under the following circumstances:
This subsection (d)


is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.

(Source: P.A. 95-138, eff. 1-1-08; 96-623, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
(820 ILCS 55/15) (from Ch. 48, par. 2865)
Sec. 15. Administration and enforcement.
(a) The Director of Labor or his authorized representative shall
administer and enforce the provisions of this Act. The Director of Labor
may issue rules and regulations necessary to administer and enforce the
provisions of this Act.
(b) If an employee or applicant for employment alleges that he or she
has been denied his or her rights under this Act, he or she may file a
complaint with the Department of Labor. The Department shall investigate
the complaint and shall have authority to request the issuance of a search
warrant or subpoena to inspect the files of the employer or prospective
employer, if necessary. The Department shall attempt to resolve the
complaint by conference, conciliation, or persuasion. If the complaint is
not so resolved and the Department finds the employer or prospective
employer has violated the Act, the Department may commence an action in the
circuit court to enforce the provisions of this Act including an action to
compel compliance. The circuit court for the county in which the
complainant resides or in which the complainant is employed shall have
jurisdiction in such actions.
(c) If an employer or prospective employer violates this Act, an
employee or applicant for employment may commence an action in the circuit
court to enforce the provisions of this Act, including actions to compel
compliance, where efforts to resolve the employee's or applicant for
employment's complaint concerning the violation by conference, conciliation
or persuasion under subsection (b) have failed and the Department has not
commenced an action in circuit court to redress the violation. The circuit
court for the county in which the complainant resides or in which the
complainant is employed shall have jurisdiction in such actions.
(d) Failure to comply with an order of the court may be punished as
contempt. In addition, the court shall award an employee or applicant for
employment prevailing in an action under this Act the following damages:
(e) Any employer or prospective employer or his agent who violates the
provisions of this Act is guilty of a petty offense.
(f) Any employer or prospective employer, or the officer or agent of any
employer or prospective employer, who discharges or in any other manner
discriminates against any employee or applicant for employment because that
employee or applicant for employment has made a complaint to his employer,
or to the Director or his authorized representative, or because that
employee or applicant for employment has caused to be instituted or is
about to cause to be instituted any proceeding under or related to this
Act, or because that employee or applicant for employment has testified or
is about to testify in an investigation or proceeding under this Act, is
guilty of a petty offense.

(Source: P.A. 96-623, eff. 1-1-10.)
 
(820 ILCS 55/20) (from Ch. 48, par. 2870)
Sec. 20.
Dismissal of complaint.
The Director or any court of
competent jurisdiction shall summarily dismiss any complaint alleging a
violation of this Act which states as the sole cause of the complaint that
the employer offered a health, disability, or life insurance policy that
makes a distinction between employees for the type of coverage or the price
of coverage based upon the employees' use of lawful products.

(Source: P.A. 87-807.)

Structure Illinois Compiled Statutes