Illinois AI employment compliance requirements
AI Video Interview Act (AIVIA)
The Illinois AI Video Interview Act (820 ILCS 42), effective January 1, 2020, applies when an employer asks applicants for positions based in Illinois to record video interviews and uses AI to analyze them. Before the interview, the employer must notify the applicant that AI may be used, explain how the AI works, and obtain the applicant's consent. Employers may share videos only with persons whose expertise or technology is needed to evaluate the applicant, and must delete an applicant's interviews within 30 days after the applicant requests it. A reporting section was added effective January 1, 2022.
HB 3773 and the Illinois Human Rights Act
HB 3773 (Public Act 103-0804), effective January 1, 2026, amends the Illinois Human Rights Act. It prohibits employers from using artificial intelligence that discriminates on the basis of protected classes, or that uses zip codes as a proxy for protected classes, in hiring, promotion and other employment decisions, and requires employers to notify employees when AI is used. It does not require bias audits or impact assessments. Violations are civil rights violations handled through the Illinois Department of Human Rights and the Human Rights Act process.
BIPA — Biometric Information Privacy Act
If your AI hiring tools process facial geometry, voiceprints, or other biometric identifiers, BIPA applies. BIPA requires informed written consent, a published retention and destruction schedule, prohibitions on profit from biometric data, and protection from disclosure. BIPA has a private right of action and has produced multi-million dollar class action settlements.
Deletion and enforcement
On an applicant's request, AIVIA requires the employer to delete the applicant's interview videos within 30 days and to instruct anyone who received copies to delete them too. AIVIA itself contains no enforcement, penalty, or private-right-of-action section and is not part of the Illinois Human Rights Act; IDHR enforcement under the Human Rights Act applies to HB 3773.