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)
Requirement Obligations
19Title I — Artificial Intelligence Video Interview Act (820 ILCS 42)
Article 42-5. Disclosure of the Use of Artificial Intelligence Analysis
2 obligations
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-42-5-05
Requirement
Geographic Scope Requirement for Illinois-Based Positions
The obligations apply specifically when employers are considering applicants for positions based in Illinois, establishi
Title II — Illinois Human Rights Act AI Amendment (775 ILCS 5, Public Act 103-0804)
Chapter 1 — Definitions
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 2-102M. Notice Requirement for Use of Artificial Intelligence
12 obligations
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-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.
Chapter 3 — Enforcement
Article 2-102Q. Enforcement and Remedies
1 obligation
Article 2-102R. Posting Requirements
1 obligation