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AI regulation in Illinois (United States)

Source-linked · checked 11 Sep 2026 2 instruments · 2 binding

Overview

Illinois regulates AI in employment through two laws: the Artificial Intelligence Video Interview Act (2020), which requires notice, explanation and consent before AI analyses video interviews, and HB 3773 (Public Act 103-0804, signed August 2024, effective 1 January 2026), which amends the Illinois Human Rights Act to make it a civil-rights violation for employers to use AI that has a discriminatory effect on protected classes or to use zip codes as a proxy, and requires notice to employees when AI is used in employment decisions. The Biometric Information Privacy Act (BIPA, 2008) remains the strictest US biometric consent law.

What is the current regulatory status?

AI Video Interview Act in force (2020); HB 3773 employment-AI amendments effective 1 January 2026; BIPA applies to biometric AI.

Binding rules versus guidance

Binding: Illinois HB 3773 (AI in employment, Human Rights Act amendment); Illinois AI Video Interview Act. Strategy or guidance: none recorded.

Key policy instruments

Illinois (United States) Act / statute In force Binding

Illinois AI Video Interview Act

Illinois Artificial Intelligence Video Interview Act (820 ILCS 42)

In force since 1 January 2020, the Act requires employers that use AI to analyse video interviews of applicants for Illinois-based positions to notify applicants, explain how the AI works and what characteristics it evaluates, obtain consent, limit sharing of videos, and delete videos on request within 30 days; a 2022 amendment requires employers relying solely on AI to decide who gets an in-person interview to report demographic data annually.

In force 1 Jan 2020 Source-linked · checked 11 Sep 2026 Official source
Illinois (United States) Act / statute In force Binding

Illinois HB 3773 (AI in employment, Human Rights Act amendment)

Illinois Public Act 103-0804 (HB 3773): Artificial intelligence in employment decisions – amendment to the Illinois Human Rights Act

Signed 9 August 2024 and effective 1 January 2026, the Act makes it a civil-rights violation for an employer to use artificial intelligence in recruitment, hiring, promotion, discipline, discharge or other terms of employment in a way that subjects employees to discrimination on the basis of protected classes, or to use zip codes as a proxy for protected classes. Employers must notify employees when AI is used for such decisions; the Department of Human Rights is to adopt rules on notice.

Applies from 1 Jan 2026 Source-linked · checked 11 Sep 2026 Official source

Upcoming deadlines

No scheduled future dates recorded. Past milestones are listed on each policy page.

Latest changes

Applicable sectors, use cases and obligation areas

Obligation areas

How to use this information

  1. Open the official source on each instrument before relying on any date or obligation.
  2. Treat strategies and guidance as signals of coming regulation, not as binding requirements.
  3. Check data-protection, consumer, employment and sector law that applies to AI systems regardless of AI-specific instruments.

Official government and regulator sources

  1. HB 3773, 103rd General Assembly (Public Act 103-0804)
    Illinois General Assembly · 2024-08-09 · Tier 1 source

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Informational only, not legal advice. Verify every claim against the linked official sources and consult qualified counsel before acting.