HB5071 - Work Without Fear Act

• Creates new protections prohibiting employers from engaging in immigration-related retaliation against applicants, employees, or their family members who exercise rights under Illinois employment laws, including contacting immigration authorities, misusing E-Verify, engaging in unfair document practices, or filing false police reports.

• Establishes a rebuttable presumption that immigration-related retaliation occurring within 90 days of a worker exercising protected rights was retaliatory, requiring clear and convincing evidence of a permissible purpose to rebut.

• Authorizes the Department of Labor to investigate complaints, establish administrative procedures, and refer violations to courts; allows the Attorney General to initiate civil actions to obtain relief when reasonable cause exists.

• Permits workers to file private civil actions within 2 years seeking back pay, front pay, liquidated damages of $30,000, civil penalties up to $10,000, attorney's fees, and equitable relief.

• Imposes civil penalties of $25,000 per violation and $50,000 per repeat violation within 5 years; authorizes courts to suspend business licenses for up to 14 days on first violation, 30 days on second violation, and 90 days on third and subsequent violations.

• Effective January 1, 2025.