IL-AIVIA
Illinois AI Video Interview Act + Human Rights Act AI Amendment
- I. Artificial Intelligence Video Interview Act (820 ILCS 42)
- Art. 42-1. Short Title ref
- Art. 42-5. Disclosure of the Use of Artificial Intelligence Analysis (5)
- Art. 42-10. Sharing of Videos Limited (1)
- Art. 42-15. Destruction of Videos (2)
- Art. 42-20. Report of Demographic Data (5)
- Art. 42-25. Applicability (1)
- II. Illinois Human Rights Act AI Amendment (775 ILCS 5, Public Act 103-0804)
- Ch. 1 — Definitions
- Art. 2-101A. Definition of Artificial Intelligence ref
- Art. 2-101B. Definition of Generative Artificial Intelligence ref
- Art. 2-101C. Definition of Employer (3)
- Art. 2-101D. Definition of Employee (3)
- Ch. 2 — Civil Rights Violations in Employment
- Art. 2-102L. Prohibition on Discriminatory Use of Artificial Intelligence (11)
- Art. 2-102M. Notice Requirement for Use of Artificial Intelligence (19)
- Art. 2-102N. Zip Code Proxy Prohibition (1)
- Art. 2-102O. Recordkeeping Requirements (4)
- Art. 2-102P. Employer Responsibility and Liability (2)
- Ch. 3 — Enforcement
- Art. 2-102Q. Enforcement and Remedies (1)
- Art. 2-102R. Posting Requirements (2)
- Art. 99. Effective Date (2)
Title I — Artificial Intelligence Video Interview Act (820 ILCS 42)
Title II — Illinois Human Rights Act AI Amendment (775 ILCS 5, Public Act 103-0804)
Chapter 1 — Definitions
Article 2-101C. Definition of Employer
3 obligations
IL-AIVIA-2-101C-01
Conformity
Meet Employee Count Threshold for Employer Definition
To be classified as an employer under this Act, entities must employ one or more employees within Illinois during 20 or
IL-AIVIA-2-101C-02
Conformity
State and Political Subdivision Employer Classification
State and political subdivisions, municipal corporations, or other governmental units or agencies are automatically clas
IL-AIVIA-2-101C-03
Conformity
Public Contract Party Employer Classification
Any party to a public contract is automatically classified as an employer regardless of the number of employees they hav
Article 2-101D. Definition of Employee
3 obligations
IL-AIVIA-2-101D-01
Requirement
Recognize Paid Workers as Employees for AI Interview Act Coverage
Must recognize that any individual performing services for remuneration within Illinois, including apprentices and appre
IL-AIVIA-2-101D-02
Requirement
Apply Section 2-102(D) Protections to Unpaid Interns
Must extend the protections specified in Section 2-102(D) of the Act to unpaid interns who meet the statutory definition
IL-AIVIA-2-101D-03
Requirement
Verify Unpaid Intern Status Using Three-Prong Test
Must ensure that individuals classified as unpaid interns meet all three statutory criteria: (1) no hiring commitment ex
Chapter 2 — Civil Rights Violations in Employment
Article 2-102L. Prohibition on Discriminatory Use of Artificial Intelligence
11 obligations
IL-AIVIA-2-102L-01
Prohibition
Prohibition on AI discrimination based on protected classes
Employers must not use artificial intelligence that has the effect of subjecting employees to discrimination on the basi
IL-AIVIA-2-102L-02
Prohibition
Prohibition on using zip codes as proxy for protected classes
Employers must not use zip codes as a proxy for protected classes when using artificial intelligence systems.
IL-AIVIA-2-102L-03
Prohibition
Prohibition on AI discrimination in recruitment
Employers must not use artificial intelligence in a manner that subjects employees to discrimination in connection with
IL-AIVIA-2-102L-04
Prohibition
Prohibition on AI discrimination in hiring
Employers must not use artificial intelligence in a manner that subjects employees to discrimination in connection with
IL-AIVIA-2-102L-05
Prohibition
Prohibition on AI discrimination in promotion
Employers must not use artificial intelligence in a manner that subjects employees to discrimination in connection with
IL-AIVIA-2-102L-06
Prohibition
Prohibition on AI discrimination in renewal of employment
Employers must not use artificial intelligence in a manner that subjects employees to discrimination in connection with
IL-AIVIA-2-102L-07
Prohibition
Prohibition on AI discrimination in training/apprenticeship selection
Employers must not use artificial intelligence in a manner that subjects employees to discrimination in connection with
IL-AIVIA-2-102L-08
Prohibition
Prohibition on AI discrimination in discharge
Employers must not use artificial intelligence in a manner that subjects employees to discrimination in connection with
IL-AIVIA-2-102L-09
Prohibition
Prohibition on AI discrimination in discipline
Employers must not use artificial intelligence in a manner that subjects employees to discrimination in connection with
IL-AIVIA-2-102L-10
Prohibition
Prohibition on AI discrimination in tenure
Employers must not use artificial intelligence in a manner that subjects employees to discrimination in connection with
IL-AIVIA-2-102L-11
Prohibition
Prohibition on AI discrimination in employment terms/conditions
Employers must not use artificial intelligence in a manner that subjects employees to discrimination in connection with
Article 2-102M. Notice Requirement for Use of Artificial Intelligence
8 obligations
IL-AIVIA-2-102M-01
Transparency
Provide AI Notice to Employees
Employers using AI for employment decisions must provide notice to each employee that AI is being used for such purposes
IL-AIVIA-2-102M-02
Requirement
Provide AI Notice Prior to Use
Notice about AI use must be provided before the AI system is actually used for employment purposes.
IL-AIVIA-2-102M-03
Transparency
Include AI Product Name, Developer and Vendor in Notice
Notice must include the name of the artificial intelligence product, the developer, and the vendor.
IL-AIVIA-2-102M-04
Transparency
Specify Employment Decisions Where AI is Used
Notice must include the specific employment decisions for which artificial intelligence is being used.
IL-AIVIA-2-102M-05
Transparency
Describe AI Purpose and Data Categories in Practical Terms
Notice must include the purpose of the AI system and the categories of data collected, described in practical terms that
IL-AIVIA-2-102M-06
Transparency
Identify Job Positions Subject to AI Use
Notice must specify the job positions to which the use of artificial intelligence applies.
IL-AIVIA-2-102M-07
Transparency
Provide Contact Point for AI Inquiries
Notice must include a contact point for employee inquiries regarding the use of artificial intelligence.
IL-AIVIA-2-102M-08
Transparency
Include Reasonable Accommodation Rights Information
Notice must include information regarding the right to request reasonable accommodations related to AI use.