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The Artificial Intelligence Video Interview Act requires employers in Illinois to notify applicants about AI use in video interviews and obtain consent.
The Artificial Intelligence Video Interview Act establishes guidelines for Illinois employers using AI to analyze video interviews. It mandates transparency and consent from applicants, ensuring that they are informed about how their videos will be evaluated. This law affects employers in Illinois who utilize AI in their hiring processes.
Key Provisions
Employers must notify applicants about AI use in video interviews.
Employers must provide an information sheet explaining AI evaluation methods.
Written consent from applicants is required before AI evaluation.
Sharing of applicant videos is limited to necessary personnel.
Employers must delete videos upon applicant request within 30 days.
Latest Legislative Action
Public Act . . . . . . . . . 101-0260
Bill Sponsors
Name
Role
District
Diane PappasD
Sponsor
HD-045
Iris MartinezD
Sponsor
SD-020
Jaime AndradeD
Sponsor
HD-040
Terra Costa HowardD
Sponsor
HD-048
Roll Call Votes
H ·
Concurrence in House ·
May 29, 2019
115 Yea 0 Nay 1 OtherPassed ✓
S ·
Third Reading: in Senate ·
May 23, 2019
58 Yea 0 Nay 1 OtherPassed ✓
H ·
Third Reading: in House ·
Mar 27, 2019
101 Yea 3 Nay 9 OtherPassed ✓
Amendments (1)
Senate Amendment 001Pending2019-05-16
Compliance Checklist
Notify applicants about AI use in video interviews Who: Employers Deadline: Before the interview Penalty: Cannot use AI for non-consenting applicants
Provide an information sheet explaining AI evaluation Who: Employers Deadline: Before the interview Penalty: Cannot use AI for non-consenting applicants
Obtain written consent from applicants Who: Employers Deadline: Before the interview Penalty: Cannot use AI for non-consenting applicants
Delete applicant videos upon request Who: Employers Deadline: Within 30 days of request Penalty: Potential legal repercussions for non-compliance
Full Legal Analysis
The Artificial Intelligence Video Interview Act requires employers in Illinois who ask applicants to record video interviews and utilize AI analysis to adhere to specific protocols. Employers must notify applicants in writing before the interview that AI may be used to assess their fitness for the position. Additionally, they are required to provide an information sheet detailing how the AI functions and the characteristics it evaluates, as well as obtain written consent from applicants prior to the interview. Failure to comply with these requirements means that employers cannot use AI to evaluate those applicants who have not consented. Moreover, the Act restricts the sharing of applicant videos, allowing dissemination only to individuals whose expertise is necessary for evaluating the applicant's fitness. This provision aims to protect applicant privacy and limit exposure of sensitive data. Furthermore, upon an applicant's request, employers must delete the video interviews within 30 days and ensure that any third parties who received the videos also delete them. The bill applies to all employers in Illinois who utilize AI for video interviews, and the Act does not specify penalties for non-compliance. However, the requirement for consent and transparency is critical for maintaining ethical hiring practices. The Act does not define 'AI system' explicitly but focuses on the use of AI in the context of video interviews, which aligns with similar regulations emerging in other states regarding AI in employment practices.
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