In a powerful affirmation of victim security, a key amendment to the Victims’ Economic Security and Safety Act (VESSA), known as HB 1278, takes effect on January 1, 2026. This law ensures that employees who are victims of violence, or whose family members are victims, can use company-issued electronics to seek help or gather critical evidence without fear of losing their job.
The new law recognizes a harsh reality: a victim may only have immediate access to a work phone or laptop when facing a crisis. This amendment ensures that standard workplace policies against personal use do not put a person’s safety—or their employment—at risk.
Key Requirements of the VESSA Device Use Amendment
This legislation provides three primary, non-negotiable protections for employees across all companies in Illinois (VESSA applies to every employer, regardless of size):
1. Protection Against Retaliation
The law expressly prohibits an employer from failing to hire, refusing to hire, discharging, harassing, or otherwise retaliating against an employee simply because that employee used an employer-issued device (like a work phone, tablet, or computer) to:
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Record acts of domestic violence, sexual violence, gender violence, or any other crime of violence.
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Communicate about the crime with family, authorities, or support organizations.
2. Right to Keep the Device and Data
An employer cannot take away or block an employee’s access to their work-issued equipment solely because the employee used or attempted to use it to document a violent incident. Furthermore:
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The employer must grant the employee access to any photographs, voice or video recordings, or digital documents stored on the device that relate to the violence. This ensures the employee can secure the evidence without interruption.
3. Broad Definition of Violence and Victim
These protections cover incidents of violence committed against the employee themselves, or against a family or household member. The covered incidents include:
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Domestic Violence
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Sexual Violence
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Gender Violence
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Any other crime of violence
Employer Caveats
While these rights are broad, the law does maintain a balance: employees are still expected to comply with reasonable company policies and perform their essential job duties. The law also permits an employer to comply with any valid legal investigation, court order, or subpoena regarding the device or its data.
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