Employee Privacy: Illinois

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Steve Miller and Theresa Essig, Fisher Phillips

Updating Author:  Brightmine Editorial Team

Summary

• Illinois courts recognize common law claims for invasion of privacy. See Invasion of Privacy.
• In Illinois, it is generally a criminal offense to eavesdrop on the conversations or electronic communications of others without their consent or judicial authorization. An exception is provided for employers in certain industries. See Electronic Monitoring of Employees.
• Illinois employers must obtain employee consent before videotaping employees in restrooms, locker rooms or changing areas. See Video Surveillance.
• While employers generally may consider previous criminal convictions in making employment decisions, employers may not base employment decisions on arrest records or sealed or expunged convictions. See Arrest and Conviction Records.
• Illinois law prohibits discrimination based on an employee's or applicant's credit history. See Credit History.
• Drug testing is neither required nor prohibited in the private sector. See Drug Testing.
• Illinois law regulates how private entities, including employers, use biometric information. See Biometric Information. 
• Illinois law regulates how employers use employee information and requires employers to follow certain guidelines when disposing of documents containing employee information. See Employee Records.
• Illinois law prohibits employers from discriminating against employees for activities performed outside of work. See Legal Non-Work Activities.
• Employers in Illinois are prohibited from requesting or requiring that applicants or employees provide their user name and password for the purpose of gaining access to that individual's private social networking account or profile. See Social Media Password Privacy Protection.