IL HB3773: LIMIT PREDICTIVE ANALYTICS USE

In one paragraph

Illinois' Public Act 103-0804 (HB 3773) amends the Illinois Human Rights Act. It is a civil rights violation for an employer to use artificial intelligence that has the effect of subjecting employees to discrimination on the basis of protected classes in recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, or the terms, privileges or conditions of employment, or to use zip codes as a proxy for protected classes. Failing to notify employees that the employer uses AI for these purposes is also a violation; the Department of Human Rights must adopt rules on notice. Approved August 9, 2024; effective January 1, 2026.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

Illinois employers using AI in hiring, promotion, discipline, discharge or other employment decisions must notify employees of that use (under Department of Human Rights rules) and must not use AI with a discriminatory effect, or zip codes as a proxy for protected classes, from January 1, 2026.

Key provisions

1. 1Adds to Section 2-101 of the Human Rights Act (775 ILCS 5/2-101) a definition of artificial intelligence: a machine-based system that, for explicit or implicit objectives, infers from the input it receives how to generate outputs such as predictions, content, recommendations or decisions that can influence physical or virtual environments, including generative AI
2. 2Generative AI: an automated computing system that, when prompted, can produce outputs simulating human-produced content, such as text, images, audio or video
3. 3New Section 2-102(L)(1): it is a civil rights violation for an employer to use AI that has the effect of subjecting employees to discrimination on the basis of protected classes under Article 2, with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, or terms, privileges or conditions of employment
4. 4Section 2-102(L)(1) also makes it a civil rights violation for an employer to use zip codes as a proxy for protected classes
5. 5Section 2-102(L)(2): it is a civil rights violation for an employer to fail to provide notice to an employee that the employer is using AI for those purposes
6. 6The Department of Human Rights must adopt rules to implement and enforce subdivision (L), including the circumstances and conditions that require notice, the time period for providing notice and the means of providing it
7. 7Employer, as already defined in the Act, includes any person employing one or more employees in Illinois during 20 or more calendar weeks in the year of or before the alleged violation, and the State and units of local government
8. 8Approved August 9, 2024 (Public Act 103-0804); effective January 1, 2026

Latest legislative action

Aug 9, 2024. Public Act . . . . . . . . . 103-0804

Sponsors (showing 5 of 11)

Roll call votes

Amendments (6)

• House Amendment 001 Not adopted 2024-03-26
• House Amendment 002 Not adopted 2024-04-03
• House Amendment 003 Not adopted 2024-04-16
• Senate Amendment 001 Not adopted 2024-05-07
• Senate Amendment 002 Not adopted 2024-05-10
• Senate Amendment 003 Not adopted 2024-05-14