Introduction
In Illinois [1] [2] [3] [5], the integration of artificial intelligence (AI) technologies into employment processes is on the rise. Employers are utilizing AI tools across various stages of the employment life cycle, including recruitment [1] [3] [5], hiring [1] [3] [4] [5], and performance management [1] [2] [3] [5]. While these technologies offer efficiency and data-driven decision-making [5], they also present risks such as bias and discrimination [1] [5]. Illinois law mandates transparency and compliance to mitigate these risks.
Description
Employers in Illinois are increasingly integrating AI technologies into various stages of the employment life cycle [2] [3], including recruitment [1] [3] [5], hiring [1] [3] [4] [5], and performance management [1] [2] [3] [5]. This includes the use of tools such as resume scanners, chatbots [2] [3], and AI-driven performance management systems [2] [3]. While these AI applications can enhance efficiency and facilitate data-driven decision-making [1] [2] [3], they also pose significant risks [2] [3], including the potential for bias and discrimination [2] [3]. To address these concerns, employers must be vigilant in selecting their AI tools and conducting regular audits to ensure that these systems do not result in discriminatory outcomes for job applicants and employees [2].
Illinois law mandates that employers inform applicants and employees when AI is utilized in various employment processes [5], such as recruitment [1] [3] [5], hiring [1] [3] [4] [5], promotions [1] [3] [4] [5], and disciplinary actions [1] [3] [4] [5]. This includes compliance with the Artificial Intelligence Video Interview Act (AIVIA) of 2019 [4], which regulates AI’s role in analyzing video interviews [4]. Under AIVIA, applicants must be informed about the use of AI, understand its operation [4], and provide consent [4]. Additionally, requests for the deletion of interview footage must be fulfilled within 30 days [4].
Furthermore, under the recent amendment to the Human Rights Act through HB 3773 [4], effective January 1, 2026 [3] [4], employers are prohibited from using AI in a manner that facilitates discrimination in all employment practices [4]. Compliance with these regulations requires a thorough understanding of how AI tools function and their impact on employment decisions [3] [5]. Employers should prepare clear and comprehensible disclosures regarding their AI usage to meet legal obligations and may benefit from consulting legal counsel to ensure adherence to these requirements [3]. The law’s provisions apply to all employers, regardless of size [4], emphasizing the need for transparency in AI applications and adherence to the new regulations in relation to recruitment and hiring practices.
Conclusion
The integration of AI in employment processes in Illinois necessitates a careful balance between leveraging technological advancements and ensuring fairness and compliance with legal standards. Employers must remain vigilant in their AI tool selection and usage, ensuring transparency and adherence to regulations to prevent discrimination. The evolving legal landscape underscores the importance of understanding AI’s impact on employment decisions and maintaining a commitment to equitable practices.
References
[1] https://www.jdsupra.com/legalnews/illinois-anti-discrimination-law-to-3367364/
[2] https://www.lexology.com/library/detail.aspx?g=f286f4b5-8bf5-4c83-b7c5-31655904ba35
[3] https://natlawreview.com/article/illinois-anti-discrimination-law-address-ai-goes-effect-1-january-2026
[4] https://www.lexisnexis.com/community/insights/legal/practical-guidance-journal/b/pa/posts/regulating-ai-in-the-workplace-in-2025
[5] https://www.cyberlawwatch.com/2025/05/01/illinois-anti-discrimination-law-to-address-ai-goes-into-effect-on-1-january-2026/
