There are currently no published IDOL VESSA opinions or public digest of cases, but attorneys have submitted FOIA requests to the IDOL to obtain decisions. Notification of VESSA Rights Employers covered under VESSA are required to post in conspicuous places in the workplace a notice summarizing the requirements under VESSA and informa- tion regarding the filing of a charge with IDOL.
medical or other professional from whom the victim has sought assistance; a police report or court record; or other corrobo- rating evidence. Confidentiality Requirement Employers must maintain the confidenti- ality of all information pertaining to the use of VESSA leave, notice of intention to take leave, and certification. Prohibition of Discrimination and Retaliation Employers are prohibited from failing to hire, refusing to hire, discharging, constructively discharging, harassing, or otherwise discriminating against any employee who is or is perceived to be a victim of domestic violence, sexual vio- lence, gender violence or stalking or any employee who asserts their rights under VESSA. Discrimination includes changes to compensation, terms, conditions, or
privileges of employment. Discrimination also includes not providing a reasonable accommodation under VESSA, as refer- enced above. Employers are also prohib- ited from retaliating against an individual in any form or manner. Enforcement by Illinois Department of Labor VESSA is enforced by the Illinois Depart- ment of Labor (IDOL). Claims of VESSA violations may be filed with the IDOL within 3 years after the alleged violation occurred. Employees may seek damages in the form of wages, salary, employment benefits, public assistance, or other com- pensation denied or lost as a result of the violation. Employees may also seek appro- priate equitable relief, including but not limited to hiring, reinstatement, promo- tion, and reasonable accommodations. Claimants may also seek reasonable attor- ney’s fees.
Katherine Gaughan- Palombi is a senior attorney at Ascend Jus- tice in Chicago.
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