HB1278eng 104TH GENERAL ASSEMBLY

HB1278 Engrossed LRB104 03137 SPS 13158 b

AN ACT concerning employment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Victims' Economic Security and Safety Act is amended by adding Section 33 as follows:

(820 ILCS 180/33 new)

Sec. 33. Employees' personal use of employer-provided electronic devices.

(a) An employer shall not fail to hire, refuse to hire, discharge, constructively discharge, harass, discriminate with respect to compensation, terms, conditions, or privileges of employment, or retaliate against an employee in any form or manner because the employee used employer-issued equipment to record domestic violence, sexual violence, gender violence, or any other crime of violence committed against the employee or a family or household member of the employee.

(b) An employer shall not deprive an employee of employer-issued equipment solely because the employee used or attempted to use the employer-issued equipment to record domestic violence, sexual violence, gender violence, or any other crime of violence committed against the employee or a family or household member of the employee.

(c) An employer shall grant an employee access to any photographs, voice or video recordings, sound recordings, or any other digital documents or communications stored on an employer-issued device relating to domestic violence, sexual violence, gender violence, or any other crime of violence committed against the employee or a family or household member of the employee.

(d) Nothing in this Section prohibits an employer from complying with an investigation, court order, or subpoena for a device, information, data, or documents.

(e) Nothing in this Section shall be construed to relieve an employee of obligations to comply with an employer's reasonable employment policies or to perform the essential functions of employment.