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The bill prohibits employers from using AI in ways that discriminate against protected classes, including using zip codes as a proxy, and mandates employee notification of AI usage.
If you use AI in hiring or employment decisions in Illinois, you must notify employees of AI usage by January 1, 2026, or face civil rights violations.
State
Illinois
Bill Number
HB3773
Status
Passed Both Chambers
Risk Level
High
Category
Comprehensive
Effective Date
Jan 1, 2026
Last Action
Aug 9, 2024
Last Verified
May 1, 2026
Data Updated
May 1, 2026
What do these statuses mean?▼
Introduced— Filed in the legislature; not yet heard in committee
In Committee— Assigned to and being reviewed by a legislative committee
Passed— Approved by one or both chambers; awaiting further action
Signed / Enacted— Signed into law by the governor; may or may not be in effect yet
Dead / Vetoed— Vetoed, failed to pass, or session expired without action
Unknown— Status data not yet available or awaiting classification
Affected Industries
Human ResourcesTechnologyEmploymentEmployment ServicesConsumer Protection
Illinois HB3773 amends the Human Rights Act to regulate the use of artificial intelligence in employment. It prohibits discriminatory practices based on AI outputs, including the use of zip codes as a proxy for protected classes, and requires employers to notify employees when AI is used in decision-making processes. This legislation aims to ensure fairness and transparency in employment practices involving AI.
Key Provisions
Prohibits employers from using AI that discriminates against protected classes, including using zip codes as a proxy.
Requires employers to notify employees of AI usage in employment decisions.
Defines 'artificial intelligence' and 'generative artificial intelligence'.
Effective date for compliance is January 1, 2026.
Removes previous amendments related to the Consumer Fraud and Deceptive Business Practices Act.
Latest Legislative Action
Public Act . . . . . . . . . 103-0804
Bill Sponsors (showing 5 of 11)
Name
Role
District
Abdelnasser RashidD
Sponsor
HD-021
Barbara HernandezD
Sponsor
HD-050
Dagmara AvelarD
Sponsor
HD-085
Dave VellaD
Sponsor
HD-068
Emanuel WelchD
Sponsor
HD-007
Jaime AndradeD
Sponsor
HD-040
Javier CervantesD
Sponsor
SD-001
Jay HoffmanD
Sponsor
HD-113
Lilian JimenezD
Sponsor
HD-004
Natalie ManleyD
Sponsor
HD-098
Will GuzzardiD
Sponsor
HD-039
Roll Call Votes
H ·
Concurrence in House ·
May 24, 2024
100 Yea 15 NayPassed ✓
S ·
Third Reading: in Senate ·
May 15, 2024
57 Yea 0 Nay 2 OtherPassed ✓
H ·
Third Reading: in House ·
Apr 19, 2024
106 Yea 0 Nay 2 OtherPassed ✓
Amendments (6)
House Amendment 001Pending2024-03-26
House Amendment 002Pending2024-04-03
House Amendment 003Pending2024-04-16
Senate Amendment 001Pending2024-05-07
Senate Amendment 002Pending2024-05-10
Senate Amendment 003Pending2024-05-14
Compliance Checklist
Notify employees of AI usage in employment decisions Who: Employers using AI in hiring or employment practices Deadline: By January 1, 2026 Penalty: Civil rights violation
Ensure AI does not discriminate based on protected classes Who: Employers using AI in hiring or employment practices Deadline: By January 1, 2026 Penalty: Civil rights violation
Full Legal Analysis
Illinois HB3773 introduces significant amendments to the Employment Article of the Illinois Human Rights Act, focusing on the use of artificial intelligence in employment practices. The bill explicitly prohibits employers from using AI in ways that result in discrimination against individuals based on protected classes, such as race, gender, and disability, including the use of zip codes as a proxy for these classes. Additionally, it mandates that employers must provide notice to employees when AI is utilized in recruitment, hiring, promotion, or other employment-related decisions. The effective date for compliance with these provisions is set for January 1, 2026.
Employers who fail to comply with these requirements may face civil rights violations, which could lead to legal repercussions and penalties. The bill defines 'artificial intelligence' and 'generative artificial intelligence,' ensuring clarity in what technologies are covered under this regulation. This legislation aligns with a growing trend in various states to regulate AI usage in employment, reflecting increasing concerns about algorithmic bias and discrimination.
Overall, HB3773 represents a proactive approach to ensuring that the deployment of AI in the workplace does not infringe upon the civil rights of employees, promoting fairness and accountability in the use of technology in employment decisions. Additionally, the bill removes the amendatory changes to the Consumer Fraud and Deceptive Business Practices Act.
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