Victims’ Economic Security and Safety Act amended to provide employees access to employer devices

The Victims’ Economic Security and Safety Act (VESSA) was signed into law in 2020. It provides job protection and unpaid leave for employees to care for themselves or a family member when affected my domestic, sexual or gender-based violence. VESSA also provides protected unpaid leave for family members to attend the funeral services of a family member whose death is caused by a crime of violence. Every employer who employs at least one (1) person is subject to VESSA’s requirements.

In August 2025, the Illinois legislature amended VESSA to prohibit employers from discriminating against employees if they use employer-provided electronic devices to record instances of domestic, sexual, or gender violence. Specifically, employers are prohibited from failing to hire, refusing to hire, discharging (even constructively), harassing and discriminating against any employee in regard to any condition or privilege of employment because an employee used employer-issued equipment to record instances of violence. This prohibition applies regardless of whether the employee uses the equipment to record violence against themselves, a family member or a member of their household.

Employers whose equipment is used for the purposes described under VESSA are required to grant employees access to any photographs, voice or video recordings and any other digital documents stored on employer issued devices.

Despite VESSA granting employees wide access to employer issued devices for the purposes identified in the statute, employees are still required to comply with the employer’s reasonable policies and procedures.

The changes under VESSA become effective January 1, 2026. To prepare for these changes, employers should develop reasonable policies and procedures under which an employee can request access to employer issued devices for the specific circumstances outlined under VESSA.

Client alert authored by Markeya A. Fowler, (312 849 4126), associate.

This Chuhak & Tecson, P.C. communication is intended only to provide information regarding developments in the law and information of general interest. It is not intended to constitute advice regarding legal problems and should not be relied upon as such.