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 42-5. Disclosure of the Use of Artificial Intelligence Analysis
5 obligations
IL-AIVIA-42-5-01
Transparency
Pre-Interview AI Use Notification Requirement
Employers must notify each applicant before the video interview that artificial intelligence may be used to analyze the
IL-AIVIA-42-5-02
Transparency
AI System Information Provision Requirement
Employers must provide each applicant with information before the interview explaining how the artificial intelligence w
IL-AIVIA-42-5-03
Requirement
Pre-Interview Consent Requirement
Employers must obtain consent from each applicant before the interview to be evaluated by the artificial intelligence pr
IL-AIVIA-42-5-04
Prohibition
Prohibition on AI Analysis Without Consent
Employers are prohibited from using artificial intelligence to evaluate applicants who have not consented to the use of
IL-AIVIA-42-5-05
Requirement
Geographic Scope Requirement for Illinois-Based Positions
The obligations apply specifically when employers are considering applicants for positions based in Illinois, establishi
Article 42-20. Report of Demographic Data
4 obligations
IL-AIVIA-42-20-02
Data Governance
Collect demographic data on hired applicants
Employers that rely solely upon artificial intelligence analysis of video interviews to determine in-person interview se
IL-AIVIA-42-20-03
Reporting
Report demographic data annually to state agency
Employers must report collected demographic data to the Department of Commerce and Economic Opportunity on an annual bas
IL-AIVIA-42-20-04
Monitoring
State agency data analysis obligation
The Department of Commerce and Economic Opportunity must analyze the collected demographic data to identify potential ra
IL-AIVIA-42-20-05
Reporting
State agency annual reporting to government
The Department of Commerce and Economic Opportunity must report findings suggesting racial bias in AI use to the Governo
Article 42-25. Applicability
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
Chapter 3 — Enforcement
Article 99. Effective Date
2 obligations
IL-AIVIA-99-01
Conformity
Comply with AI Video Interview Act effective January 1, 2020
Organizations subject to the Artificial Intelligence Video Interview Act must ensure compliance with all provisions of 8
IL-AIVIA-99-02
Conformity
Comply with Human Rights Act AI amendments effective January 1, 2026
Organizations subject to the Illinois Human Rights Act must ensure compliance with all AI-related employment provisions