A Victory in Illinois: Making the Case for Inclusion of Workplace Protections in the Federal Violence Against Women Act

The effects of domestic and sexual violence are not checked at the door when a survivor of violence enters her place of employment. Oftentimes individuals who experience domestic or sexual violence report missing work due to the violence in their lives, enduring harassment by the abuser at work, suffering health problems that affect job performance, or losing employment due to the violence. A study by the U.S. Department of Justice found that, during a 12-month period, more than half of stalking victims lost five or more days of work, and about 130,000 stalking victims reported that they were fired or asked to leave their jobs because of the stalking. Yet, according to a survey conducted by the Bureau of Labor Statistics, over 70 percent of U.S. workplaces have no formal program or policy that tackles workplace violence.

It’s time for the federal government to act, following Illinois’ example, where late last month the Illinois General Assembly passed an important piece of legislation that is a notable victory for survivors of domestic and sexual violence, their families, and advocates. The Illinois Senate voted unanimously to concur with House Amendments No. 1 and No. 2 on Senate Bill 1770, an amendment to the Victims’ Economic Security and Safety Act (VESSA). Originally enacted in 2003 with then–State Senator Barack Obama as principal sponsor, VESSA provides unpaid, job-guaranteed leave and nondiscrimination protections for eligible employees who are survivors of domestic or sexual violence or who have a family or household member who is a survivor of domestic or sexual violence.

Since its enactment in 2003, VESSA has provided significant benefits and workplace protections for Illinois employees. VESSA allows a covered employee to take up to 12 weeks of unpaid time off from work to deal with the violence in her lives without losing her job during a 12-month period. VESSA also prohibits an employer from discriminating, harassing, or retaliating against an employee who is exercising her rights under this law.

Once signed into law, the amendment will expand VESSA to cover more employees in the private sector by decreasing the private employer threshold number of employees from 50 or more to 15 or more. The amendment adds language providing that an employee who works for an employer with at least 15 but not more than 49 employees may take up to 8 work weeks (rather than 12) of unpaid, job-guaranteed leave to deal with domestic or sexual violence during a 12-month period.

VESSA has proven to be a lifeline for employees coping with domestic or sexual violence. While VESSA allows for several weeks of leave, most employees who take leave take significantly less. And, of the 107 complaints that have been filed since enactment, most VESSA claims notably allege discrimination by the employer.

With the recession being a perpetual reminder of the crucial nature of job preservation and economic stability, the passage of S.B. 1770 is a surefire victory that will help more survivors of domestic and sexual violence maintain their employment and economic stability as they strive to remain safe and ultimately escape a violent situation. Action on the federal level is more pressing than ever.

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