Illinois AI employment compliance requirements
AI Video Interview Act (AIVIA)
The Illinois AI Video Interview Act requires employers using AI to analyze video interviews to notify candidates before the interview that AI may be used, explain how it works, and obtain explicit written consent. Video recordings must be destroyed within 30 days of a completed hiring decision. Employers cannot share recordings with third parties except vendors required to delete data. The law applies to all Illinois applicants regardless of where the employer is located.
HB 3773 and the Illinois Human Rights Act
HB 3773 amends the Illinois Human Rights Act to address algorithmic discrimination in employment. Employers using automated employment decision tools must conduct bias audits, document results, and notify candidates when such tools are used. The law creates civil rights claims for candidates harmed by discriminatory AI-driven decisions.
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.
Human review and deletion obligations
Under AIVIA, candidates have the right to request human review of AI-influenced hiring decisions. Employers must honor deletion requests for video recordings within 30 days. Failure to comply carries per-candidate penalties that accumulate rapidly in high-volume hiring environments.