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Protections for
Victims of Domestic
Violence under
Aaron Illinois Law Jennifer
Gelb’s Cook
On average, 20 people in the United States accommodations, and to refrain from discriminating
are abused by an intimate partner every minute; because of domestic violence.
each time an employed woman is assaulted by Employees can take leave to cope with the
her partner and survives the attack, she misses an impact of that violence on their lives: to seek
average of seven days of work and requires $816 medical attention or recover, to go to court or
1
worth of medical care . Despite the prevalence and otherwise seek legal assistance, or to secure
cost of domestic violence, Illinois victims (and their safer housing. The days of leave scale with the
employers) often don’t know about victims’ rights size of the employer, and need not be paid.
in the workplace. Employers need to ensure they The reasonable accommodation analysis under
are complying with the protections afforded victims VESSA is similar to that under the Americans with
under the Victim’s Economic Security and Safety Act Disabilities Act; as under the ADA, what qualifies
(VESSA) and the Illinois Human Rights Act (IHRA). as “reasonable” will vary with the circumstances of
Under the IHRA, employers cannot discriminate the employer. Examples might include changing
against individuals because of their race, color, an employee’s schedule or telephone number so
sex, sexual orientation, pregnancy, religion, or that the victim’s abuser has less access to them
age. However, in addition to these better-known at work. Finally, VESSA prohibits discrimination
categories, the IHRA also prohibits discrimination because of an employee’s protected status, not just
on the basis of “order of protection status.” Because with respect to terminations but with all terms and
of this provision, victims who seek an order of conditions of employment. For example, it would be
protection are covered by the IHRA, meaning an discriminatory to move an employee to a different
employer should not discipline or discharge an shift just because due to concerns their abuser might
employee if, for example, the police are called to his come into the workplace – unless they asked to be
or her place of business if the person against whom moved.
the order of protection was entered appears at the While simple in theory, the consequences of
workplace. domestic violence for victims and their employers
VESSA provides protections to Illinois victims are rarely straightforward. Employers should
of domestic violence broader than the IHRA’s in ensure that their managers and/or human
two key ways. First, VESSA applies whether or resources representatives understand and comply
not the victim has an order of protection. Second, with VESSA’s requirements. Ensuring that your
VESSA applies even if the victim is a member of handbook has such a policy is a good start.
the employee’s family or household rather than the Before taking any action that might be considered
employee herself. After an employee submits a discriminatory, an employer must investigate
VESSA leave request, the employee is required to whether the employee is covered, how much leave
provide the employer with certification—typically must be provided, and what accommodations are
in the form of sworn statements—that he/she or a reasonable.
family or household member is a victim of domestic
1 Black, M.C., Basile, K.C., Breiding, M.J., Smith, S.G., Walters, M.L., Merrick, M.T.,
or sexual violence. Once certification is provided, an Chen, J. & Stevens, M. (2011). The national intimate partner and sexual violence
survey: 2010 summary report. National Center for Injury Prevention and Control
employer is required to offer leave and reasonable
(2003). Costs of intimate partner violence against women in the United States.
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First Quarter 2017 IllInoIs RepoRteR
