Illinois VESSA 2026 Update: Employees Can Now Use Work Devices to Document Abuse

Since January 1, 2026, Illinois employees who are dealing with domestic violence, sexual violence or stalking can use their work computer, tablet or phone to record and save evidence without being disciplined for it. This Illinois VESSA 2026 update is short, but it changes how Chicago employers should write device policies, handle discipline and plan for workplace safety.

The change is Public Act 104-0171, an update to the Illinois Victims’ Economic Security and Safety Act (VESSA). StateScoop reports that Illinois may be the first state to tie these protections directly to employer technology.

What the Illinois VESSA 2026 update says

The new law adds Section 33 to VESSA (820 ILCS 180/33). In plain terms:

• No punishment for using a work device to document violence. An employer cannot refuse to hire, fire, harass, discriminate against or retaliate against an employee because they used employer-issued equipment to record domestic violence, sexual violence, gender violence or any other crime of violence against themselves or a family or household member.
• No taking the device away for it. An employer cannot take back the device solely because the employee used it, or tried to use it, to record that violence.
• Access to the evidence. The employer must give the employee access to photos, voice or video recordings and other digital documents or communications about that violence stored on the work device.
• Investigations still apply. Employers can still comply with an investigation, court order or subpoena for a device or its data.
• Normal rules still apply. Employees must still follow reasonable employment policies and do the essential functions of their job.

VESSA rights that were already in place

The amendment does not change existing VESSA rights. According to the Illinois Department of Labor (IDOL), these were already law:

• Who is covered: Any employer in Illinois with at least one employee. Employees are covered if they, or a family or household member, are victims of domestic, sexual or gender violence or any other crime of violence.
• Unpaid, job-protected leave in a 12-month period: 4 weeks at employers with 1–14 employees, 8 weeks at 15–49, and 12 weeks at 50 or more. Leave can be taken all at once, intermittently or on a reduced schedule.
• What leave covers: Medical care, counseling, safety planning, relocating, legal help and court dates, among other reasons.
• Notice: Employees give at least 48 hours’ notice unless that isn’t practicable, for example after an emergency.
• Reasonable accommodations: For example a transfer, a modified schedule, a changed phone number or seating assignment, a new lock or a safety procedure, unless it causes undue hardship.
• Confidentiality: Anything the employee shares, including the fact that they asked for leave, must be kept strictly confidential.
• No penalty when the abuser causes trouble at work: VESSA bars unfavorable treatment of an employee because the workplace is disrupted or threatened by the person who is harming them.

That last point matters for security. When an abuser shows up at work, the answer is to protect the employee, not to push them out.

What it means for Chicago employers

When an employee is being stalked or threatened, the danger often follows them to work. A partner shows up in the parking lot, calls the front desk or waits outside at closing time.

Policy checklist

• Update device, acceptable-use and discipline policies so they match the new law
• Before you collect, wipe or reissue a device from an employee who has raised a safety concern, make sure they can get to their evidence
• Train supervisors and HR on what employees are allowed to do. IDOL says employers must make sure they understand these protections.
• Keep everything on a need-to-know basis and keep the VESSA notice posted

Workplace safety plan checklist

• Who knows: A small group, such as HR, the direct supervisor and whoever runs the front desk or security
• Who to call: 911 first in an emergency, then an internal contact who can make decisions
• Front desk script: Don’t confirm the employee’s schedule or whereabouts to callers or visitors
• Identification: With the employee’s consent, give reception or security a photo of the person and their vehicle
• Getting to and from the car: A set parking spot near the door, adjusted start and end times, or an escort
• If the person shows up: Who calls police, where the employee goes, and who writes down what happened

Workplace protection restraining orders

Under the Illinois Workplace Violence Prevention Act (820 ILCS 275), an employer with at least 15 employees can ask a court for a workplace protection restraining order. It can be used when an employee has suffered unlawful violence or faces a credible threat of violence at the workplace. The order can require the person to stay away from the workplace.

If the employee is a domestic violence victim, the employer must notify them in writing and talk with them directly before filing. If the employee doesn’t consent, the employer has to wait 4 days. The wait doesn’t apply when there is an immediate threat of physical harm at the work site and the employer is seeking an emergency order. Emergency orders last 14 to 21 days. Plenary orders last up to one year. The employer must keep all information about the order strictly confidential.

How Valle can help

Valle Services provides confidential, low-profile security for Chicagoland workplaces dealing with a threat against an employee. That includes officers at the entrance or front desk, parking lot coverage, and escorts to and from the car. Depending on the risk, our armed and unarmed officers and off-duty police can be posted at your building or patrol it.

For individuals, our spousal protection and order of protection enforcement team helps with safe escorts and safety planning outside of work. When a threat comes from inside the company, see our high-risk employee termination security and our guide on how to handle a volatile employee termination in Chicago. For parking lot risks, read why parking lot and property security matters.

Is an employee being threatened? Contact Valle Services or call 630-212-8938 for a free, confidential assessment, 24/7.

Frequently asked questions

Sources

• Illinois Department of Labor: New law protects workers who document violence using work devices (news release, Jan. 5, 2026)
• Illinois General Assembly: Public Act 104-0171 (820 ILCS 180/33)
• Illinois Department of Labor: VESSA FAQ
• Illinois Department of Labor: VESSA required notice for employers (2026 poster)
• Illinois General Assembly: Workplace Violence Prevention Act (820 ILCS 275)
• Capitol City Now: New Illinois law protects workers who document violence using work devices
• StateScoop: Illinois law protects employees who use work devices to document violent crimes
• Justia: Illinois Workplace Violence Prevention Act (820 ILCS 275)

This article is general information, not legal advice. Talk to an Illinois employment attorney about your situation.