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Illinois General Assembly· HB 1278Governor Approved

VICTIMS SAFETY-ELECTRONICS, the official text

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HB1278 Enrolled                     LRB104 03137 SPS 13158 b

1   AN ACT concerning employment.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Victims' Economic Security and Safety Act

5 is amended by adding Section 33 as follows:

6   (820 ILCS 180/33 new)

7   Sec. 33. Employees' personal use of employer-provided

8 electronic devices.

9   (a) An employer shall not fail to hire, refuse to hire,

10 discharge, constructively discharge, harass, discriminate with

11 respect to compensation, terms, conditions, or privileges of

12 employment, or retaliate against an employee in any form or

13 manner because the employee used employer-issued equipment to

14 record domestic violence, sexual violence, gender violence, or

15 any other crime of violence committed against the employee or

16 a family or household member of the employee.

17  (b) An employer shall not deprive an employee of

18 employer-issued equipment solely because the employee used or

19 attempted to use the employer-issued equipment to record

20 domestic violence, sexual violence, gender violence, or any

21 other crime of violence committed against the employee or a

22 family or household member of the employee.

23  (c) An employer shall grant an employee access to any
    HB1278 Enrolled          -2-  LRB104 03137 SPS 13158 b

1 photographs, voice or video recordings, sound recordings, or

2 any other digital documents or communications stored on an

3 employer-issued device relating to domestic violence, sexual

4 violence, gender violence, or any other crime of violence

5 committed against the employee or a family or household member

6 of the employee.

7   (d) Nothing in this Section prohibits an employer from

8 complying with an investigation, court order, or subpoena for

9 a device, information, data, or documents.

10  (e) Nothing in this Section shall be construed to relieve

11 an employee of obligations to comply with an employer's

12 reasonable employment policies or to perform the essential

13 functions of employment.
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