AI workplace protections — Illinois

Through the passage of HB 3773, Illinois has amended its Human Rights Act to cover the use of AI in employment decisions. The broader regulations are effective January 1, 2026. It applies to public and private employers who have one or more employees for at least 20 calendar weeks during the current or preceding year. Some key provisions include:

• Employers’ use of AI in any part of the hiring process, including recruitment, hiring, promotion, renewal, or any other part of the terms and conditions of employment must not result in any discrimination, intentional or unintentional, based on protected classes in the Human Rights Act (such as race, national origin, sex, age, disability, and more).
• Employers may not use applicant zip codes as a proxy to determine protected trait.
• Employers must notify employees and applicants that AI is being used in any employment-related decision-making context. The Illinois Dept. of Human Rights is expected to establish rules around when and how such notice must be delivered and what sort of information notices must contain.

Illinois also has an Artificial Intelligence Video Interview Act, which requires employers who require job applicants to submit video interviews to:

• Inform the applicant that AI may be used to analyze their video interview;
• Explain to applicants how the AI works to evaluate candidates;
• Obtain consent from the applicant.

Employers are prohibited from sharing video interviews with anyone except for other employees whose expertise is required to evaluate the applicant’s video. If an applicant requests that their video be deleted, employers must ensure all copies are deleted within 30 days of request. Finally, if hiring decisions are based solely on AI evaluation of applicants’ video interviews, employers must report demographic data related to hiring decisions to the Illinois Dept. of Commerce and Economic Opportunity on an annual basis.