Illinois Aliens and Immigration laws & HR compliance analysis

Illinois Aliens and Immigration: What you need to know

The Illinois Human Rights Act prohibits employment practices that discriminate based on national origin (775 ILCS 5/101 et seq.).
Practices that discriminate against resident immigrants who are legally eligible for employment may constitute national origin bias within the meaning of the Act. The Act covers employers with 15 or more employees.
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It is also a violation of the Human Rights Act for an employer to request, for purposes of satisfying the I-9 employment verification requirements, more or different documents than are required or to refuse to honor documents that on their face reasonably appear to be genuine.
It is also a civil rights violation for an employer participating in the E-Verify program to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges, or conditions of employment without following the procedures under the E-Verify program (775 ILCS 5/2-102).
The Illinois Department of Human Rights and the Illinois Human Rights Commission enforce the Act. The Department has the power to hold hearings, issue subpoenas, and review complaints. Remedies include cease and desist orders, hiring, reinstatement, promotion, payment of damages, payment of back wages, attorneys’ fees, and costs. Under certain circumstances, the aggrieved party may file a civil action. Complaints of discrimination must be filed within 180 days of the alleged discriminatory act.
The Department is authorized to initiate, receive, and investigate discrimination complaints; issue subpoenas; hold hearings; issue administrative decisions and orders; and enforce its ...

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