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)
Article 42-10. Sharing of Videos Limited
1 obligation
Article 42-15. Destruction of Videos
2 obligations
IL-AIVIA-42-15-01
Data Governance
Delete applicant video interviews upon request within 30 days
When an applicant requests deletion of their video interviews, the employer must delete all video interview recordings w
IL-AIVIA-42-15-02
Data Governance
Instruct third parties to delete video interview copies upon applicant request
When an applicant requests deletion, the employer must instruct any persons who received copies of the applicant's video
Article 42-20. Report of Demographic Data
1 obligation
Title II — Illinois Human Rights Act AI Amendment (775 ILCS 5, Public Act 103-0804)
Chapter 1 — Definitions
Chapter 2 — Civil Rights Violations in Employment
Article 2-102M. Notice Requirement for Use of Artificial Intelligence
11 obligations
IL-AIVIA-2-102M-09
Requirement
Include Additional Department-Required Information
Notice must include any additional information required by rules adopted by the Department.
IL-AIVIA-2-102M-10
Requirement
Provide Annual Notice to Current Employees
For current employees, notice must be provided annually to ensure ongoing transparency about AI use.
IL-AIVIA-2-102M-11
Requirement
Provide Notice Within 30 Days of New AI System
For current employees, notice must be provided within 30 days of adopting a new or substantially updated artificial inte
IL-AIVIA-2-102M-12
Requirement
Include AI Notice in Job Postings
For prospective employees, notice about AI use must be included in job postings.
IL-AIVIA-2-102M-13
Requirement
Write Notice in Plain Language
Notice must be written in plain language that is easily understood by employees without technical expertise.
IL-AIVIA-2-102M-14
Requirement
Provide Notice in Workforce Languages
Notice must be available in the languages spoken by the workforce to ensure accessibility.
IL-AIVIA-2-102M-15
Requirement
Make Notice Accessible to Employees with Disabilities
Notice must be accessible to employees with disabilities, following accessibility standards and accommodations.
IL-AIVIA-2-102M-16
Requirement
Include Notice in Employee Handbooks
Notice must be included in employee handbooks as one of the required distribution methods.
IL-AIVIA-2-102M-17
Requirement
Post Notice in Conspicuous Physical Workplace Locations
Notice must be posted in conspicuous physical workplace locations where employees can easily see and access it.
IL-AIVIA-2-102M-18
Requirement
Post Notice on Employer's Intranet or Website
Notice must be posted on the employer's intranet or website for digital access by employees.
IL-AIVIA-2-102M-19
Requirement
Include Notice in Job Notices and Postings
Notice must be included in job notices and postings to inform prospective employees about AI use.
Article 2-102N. Zip Code Proxy Prohibition
1 obligation
Article 2-102O. Recordkeeping Requirements
4 obligations
IL-AIVIA-2-102O-01
Documentation
Employee Notice Retention Requirement
Employers must retain all notices provided to employees regarding the use of artificial intelligence in employment conte
IL-AIVIA-2-102O-02
Documentation
Job Posting Notice Record Retention Requirement
Employers must retain records of job postings that contain required AI-related notices for at least four years.
IL-AIVIA-2-102O-03
Documentation
AI Employment Decision Records Retention Requirement
Employers must retain records documenting the use of artificial intelligence in employment decisions for at least four y
IL-AIVIA-2-102O-04
Documentation
Four-Year Minimum Retention Period Requirement
All required records related to AI use in employment must be retained for a minimum period of four years.
Article 2-102P. Employer Responsibility and Liability
2 obligations
IL-AIVIA-2-102P-01
Prohibition
Prohibition on Discriminatory AI Use
Employers must not use artificial intelligence systems that have the effect of subjecting employees to discrimination on
IL-AIVIA-2-102P-02
Risk Management
Liability for Third-Party AI Systems
Employers are liable for discrimination resulting from artificial intelligence systems developed or provided by third pa
Chapter 3 — Enforcement
Article 2-102Q. Enforcement and Remedies
1 obligation
Article 2-102R. Posting Requirements
2 obligations
IL-AIVIA-2-102R-01
Transparency
Post AI Employment Rights Information
Must post or include in employee handbook information approved by the Department that summarizes the rights and obligati
IL-AIVIA-2-102R-02
Requirement
Respond to Department Show Cause Notice
When the Department issues a notice to show cause following a violation report, must respond within the opportunity prov