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Can I ensure that my company is compliant with expanding privacy protections in Illinois? What are the requirements?

To ensure compliance with expanding privacy protections in Illinois, there are several requirements that employers must follow.

Employee Credit Privacy Act

The Employee Credit Privacy Act prohibits employers from using an individual’s credit history or credit report as a basis for employment decisions, unless it is a bona fide occupational requirement [2.2][2.3]. A satisfactory credit history is not a bona fide occupational requirement unless at least one of the following circumstances is present:

  • State or federal law requires bonding or other security covering an individual holding the position.
  • The duties of the position include custody of or unsupervised access to cash or marketable assets valued at $2,500 or more.
  • The duties of the position include signatory power over business assets of $100 or more per transaction.
  • The position is a managerial position which involves setting the direction or control of the business.
  • The position involves access to personal or confidential information, financial information, trade secrets, or State or national security information.
  • The position meets criteria in administrative rules, if any, that the U.S. Department of Labor or the Illinois Department of Labor has promulgated to establish the circumstances in which a credit history is a bona fide occupational requirement.
  • The employee’s or applicant’s credit history is otherwise required by or exempt under federal or State law.

Right to Privacy in the Workplace Act

The Right to Privacy in the Workplace Act prohibits employers from requesting or requiring employees or applicants to provide login credentials or other account information for personal online accounts [1.2]. Employers cannot retaliate against employees who refuse to provide this information or who file a complaint about a violation of this law.

Other Requirements

Employers should also be aware of other requirements, such as those related to credit history, filing requirements, and additional requirements for forms [2.1][3.1][3.2]. Employers should consult with legal counsel to ensure that their policies and practices comply with all applicable laws and regulations.

To summarize, to ensure compliance with expanding privacy protections in Illinois, employers should:

  • Refrain from using an individual’s credit history or credit report as a basis for employment decisions, unless it is a bona fide occupational requirement.
  • Refrain from requesting or requiring login credentials or other account information for personal online accounts.
  • Avoid retaliation against employees who refuse to provide login credentials or who file a complaint about a violation of the Right to Privacy in the Workplace Act.
  • Be aware of other requirements related to credit history, filing requirements, and additional requirements for forms.
  • Consult with legal counsel to ensure compliance with all applicable laws and regulations.
Source(s):
Jurisdiction

Illinois