Illinois workers who experience domestic violence, sexual violence, or stalking now have clearer legal protection when they use employer-provided devices to document that abuse, following an amendment to state law that took effect January 1, 2026.
Under Public Act 104-0171, an update to the Victims’ Economic Security and Safety Act (VESSA), employees may use a company-owned computer, tablet, or cellphone to record or preserve evidence of violence affecting themselves or their family members without fear of discipline or retaliation. The amendment also requires employers to grant employees access to photographs, recordings, or other digital documentation of violence that exists on those devices.
The Illinois Department of Labor said the change was intended to reflect the realities faced by victims during emergencies, when personal devices may be unavailable or unsafe to use.
“This change recognizes the realities that victims of violence face during moments of crisis,” said Jane Flanagan, director of the department. “No one should have to choose between their safety and their job when documenting violence against themselves or their family.”
What VESSA is and what changed
VESSA has long provided Illinois workers with job-protected leave and reasonable workplace accommodations if they are victims of certain crimes of violence, including domestic violence, sexual violence, and gender-based violence. Those rights remain intact under the new amendment.
What the update clarifies is how those protections apply to workplace technology. Prior to the amendment, employees could face uncertainty—or employer discipline—if they used business-owned devices to photograph injuries, save threatening messages, or record incidents related to abuse. Public Act 104-0171 makes clear that such use is protected activity under VESSA, and that employers may not retaliate against employees for it.
For workers, the law reinforces three key points: they may document VESSA-covered violence using employer devices; employers must provide access to any resulting digital evidence; and existing rights to leave and accommodations remain unchanged.
Employer responsibilities
The amendment also places new compliance expectations on employers. Businesses are advised to review workplace technology policies and VESSA procedures to ensure they align with the updated law. Supervisors and human resources staff should be trained to understand that documenting violence on a work device is legally protected and cannot be grounds for discipline.
The Department of Labor notes that clear policies and staff training can help employers avoid unlawful retaliation claims and reduce legal risk, while ensuring that victims are supported during crises.
Why the change matters
Advocates and labor officials say the amendment responds to practical gaps exposed as technology policies became more restrictive in recent years. Many employers prohibit personal use of work devices, and victims of violence may rely on those devices because an abuser controls their phone, monitors personal accounts, or destroys personal property.
By explicitly extending VESSA protections to employer-provided technology, lawmakers aimed to remove a barrier that could prevent workers from preserving critical evidence needed for safety planning, protective orders, or criminal investigations.
Getting help or more information
The Illinois Department of Labor’s Leave Rights Division administers VESSA and several other state leave laws. Employees and employers with questions about the updated protections can contact the division at [email protected] or by phone at (312) 793-2600.
Public Act 104-0171 applies statewide and has been in effect since January 1, 2026.