Illinois Law Expands Domestic Violence Protections for Employees
Beginning January 1, 2026, Illinois employees will have legal protection if they use a work-issued phone, computer, or other device to document domestic violence or another violent crime committed against them or a family or household member.
Under the expansion of the Victims’ Economic Security and Safety Act an employer may not retaliate against an employee for using a work-issued device to document violence. Employers must also allow employees access to photos, videos, audio recordings, or other digital material stored on that device when the content is relevant to the violence.
This legislation reflects a practical reality: evidence of abuse is often created quickly, in real time, using whatever device is available.
Why Was This Amendment Necessary?
Most people do not plan to encounter abuse or record it. In an abusive situation, people are scared, reactive, and focused on getting through what is happening, not on whether the closest available recording device belongs to them or their employer.
Before this change in Illinois law, employees may have had the additional worry about losing their job, losing access to evidence, or being told they should never have used a work-issued device for anything personal. In some cases, access to recordings or digital evidence may have been cut off entirely, depending on an employer’s equipment policies.
Those types of policies could leave individuals in a difficult position: protect themselves or protect their employment.
How this issue arises in family law cases
We have seen this issue arise when families are already under emotional strain, such as during separation, divorce, or an ongoing parenting dispute. Even in seemingly cooperative
Recordings may be crucial in requests and evidence for orders of protection or emergency changes to parenting time. If this evidence is unavailable, courts may be left without important context when having to rule on decisions that may affect safety.
Limits of the Law
We need to be clear: This law does not give employees unlimited rights and permission to use work-issued equipment for other personal matters. Employers still have rights and likely have established
Domestic violence rarely fits neatly into one area of the law. The impact of a domestic violence incident often extends into parenting, finances, employment, and daily life.
This law was designed to remove at least one barrier that previously prevented people from protecting themselves and preserving evidence.
Legal Guidance Matters
If you are dealing with safety concerns at home, you do not have to navigate this alone. Legal questions can arise quickly, and timing can be critical.
Sterk Family Law Group offers free, no-obligation consultations for individuals facing domestic violence concerns, parenting issues, or other family law matters. We can help you understand how this Illinois law applies to your situation and what options may be available to protect you and your family.
Helpful resources and support
If you or someone you know is experiencing domestic violence, support and information are available. The following resources may be helpful:
The National Domestic Violence Hotline
https://www.thehotline.org/
Confidential support, safety planning, and resources are available 24 hours a day.
Document the Abuse
https://documenttheabuse.org/
Tools and guidance for safely documenting abuse and preserving evidence.
Local law enforcement
In emergency situations, contacting local police may be necessary to protect your safety or the safety of others.
Local domestic violence shelters and support organizations
Local resources can provide shelter, advocacy, counseling, and safety planning. Examples include organizations such as ANEW, Crisis Center of South Suburbia, and Guardian Angels, which serve individuals and families in the surrounding communities.
If you would like a copy of our book, Domestic Violence Stops with You: Available Civil Remedies in Illinois, it is available on Amazon or by contacting our office directly.