2026 VESSA Amendment Expands Protections for Illinois Employees
The 2026 VESSA amendment represents another significant step forward in Illinois’ efforts to strengthen workplace protections for survivors of violence. Beginning January 1, 2026, employees covered by the Victims’ Economic Security and Safety Act (VESSA) will gain new rights that expand beyond existing leave and anti-retaliation provisions. The amendment ensures that employees who use employer-issued equipment to record or preserve evidence of domestic violence, sexual violence, gender violence, or other violent crimes cannot be punished for doing so.
This update reinforces Illinois’ ongoing commitment to workplace fairness, safety, and accountability. Moreover, it positions the state as a national leader in protecting employees whose lives are affected by violence.
Understanding the Victims’ Economic Security and Safety Act (VESSA)
Initially enacted in 2003, the Victims’ Economic Security and Safety Act (VESSA) (820 ILCS 180/) provides job-protected leave and anti-discrimination safeguards for employees who are victims of domestic, sexual, or gender-based violence—or who have family or household members who are victims. The law recognizes that violence at home often disrupts work life and threatens financial stability.
Under VESSA, employees may take unpaid leave to address the effects of violence, such as obtaining medical or legal assistance, attending counseling, seeking victim services, relocating for safety, or participating in related court proceedings. The amount of leave available depends on employer size:
Up to 12 workweeks per 12-month period for employers with 50 or more employees.
Up to 8 workweeks for employers with 15–49 employees.
Up to 4 workweeks for employers with 1–14 employees.
During such leave, employers must maintain group health coverage, protect confidentiality, and restore employees to their same or equivalent positions upon return. VESSA also prohibits retaliation, harassment, or discrimination against employees who request leave, participate in related proceedings, or seek workplace accommodations to ensure their safety.
Beyond leave, the Act requires reasonable accommodations for survivors. This includes modified schedules, transfers, changed phone numbers, or other measures that help them remain safe and secure in their employment. Employers that violate these provisions may face damages, reinstatement orders, and attorneys’ fees under enforcement powers granted to the Illinois Department of Labor.
What the 2026 VESSA Amendment Changes
Effective January 1, 2026, the General Assembly’s passage of HB3213 (104th General Assembly) adds a new section to expand employee protections under VESSA.
Under 820 ILCS 180/33, VESSA explicitly prohibits employers from retaliating against employees who use employer-issued equipment (such as phones, laptops, or tablets) to record or document acts of domestic violence, sexual violence, gender violence, or any other crime of violence committed against themselves or a family or household member.
Specifically, the 2026 VESSA amendment introduces these updates:
Employers cannot refuse to hire, discharge, harass, or discriminate against an employee because the employee used company-issued equipment to record or preserve evidence of such acts.
Employers cannot confiscate or deny access to employer-issued devices solely because an employee used or attempted to use them for this purpose.
Employers must grant employees access to photographs, recordings, or other digital materials stored on those devices that relate to the violence committed against the employee or their family or household member.
The law clarifies that nothing prevents employers from complying with valid investigations, court orders, or subpoenas involving those devices.
Employees remain obligated to follow reasonable employment policies and perform essential job duties, but those policies cannot override the rights established by this amendment.
This expansion builds upon VESSA’s core goals: protecting victims’ economic security, encouraging reporting and documentation of abuse, and preventing retaliation in the workplace.
Why the 2026 VESSA Amendment Matters
The 2026 VESSA amendment recognizes that evidence of violence is increasingly digital. Additionally, it identifies how employer-issued devices often serve as the only accessible means for victims to record or store that evidence safely. By shielding employees from discipline or termination for using such devices, Illinois has broadened the definition of what it means to protect workers experiencing violence.
For employees, the change means greater freedom and safety to document abuse without risking their livelihoods. Survivors can now use their work-issued technology to preserve critical evidence for law enforcement or legal proceedings without fear of losing their jobs or access to the devices that contain that information.
For employers, the amendment highlights the importance of reviewing policies and ensuring compliance. Device-use policies, confidentiality protocols, and employee handbooks should be updated to reflect these new rights and responsibilities. Employers will need to ensure that supervisors and HR personnel understand the expanded scope of VESSA and that no adverse actions are taken against employees who record or report violence using employer-issued tools.
At a broader level, this legislative shift continues Illinois’ pattern of strengthening employment laws to support safety and equality in the workplace. By aligning technology-related rights with the realities of modern communication, the 2026 amendment makes VESSA more responsive to how employees experience and report violence in today's world.
Next Steps for Illinois Employees
The 2026 VESSA amendment expands one of Illinois’ most critical worker-protection laws to reflect current workplace realities. Starting January 1, 2026, employees will have explicit legal protection for using employer-issued devices to record or preserve evidence of violence. Employers will be prohibited from retaliating or denying access to those materials.
Employees who believe their rights under VESSA have been violated may file a complaint with the Illinois Department of Labor within three years of the alleged violation. They may also seek legal counsel to explore remedies such as reinstatement, back pay, and attorney’s fees.
If you have questions about your protections under the 2026 VESSA amendment or need guidance on your employment situation, contact the legal team at O’Malley & Madden, P.C.
