Illinois recently expanded the state’s prohibitions on the use of artificial intelligence (AI) in employment. In 2020, Illinois enacted the Artificial Intelligence Video Interview Act (AIVIA), which regulates employers’ use of AI in the interview and hiring process. Under this Act, employers are obligated to inform applicants when AI technology is used during the course of a video interview, provide an explanation of the AI technology’s mechanics, and obtain prior consent from the applicant.

The Illinois Department of Human Rights unveiled draft rules for implementing Illinois’ regulations on AI discrimination in employment. The draft rules, “Subpart J: Use of Artificial Intelligence in Employment,” implement changes to the Illinois Human Rights Act (IHRA), which was amended by House Bill 3773.

• • The amendments include a broader prohibition on the use of AI—including generative AI—in hiring or promotion decisions that result in discrimination based on protected characteristics.
  • The draft rules also make an employer’s failure to provide notice to employees or applicants that the employer is using AI in an employment decision a violation of the Illinois Human Rights Act (IHRA).
  • House Bill 3773 took effect on January 1, 2026, and the Department of Human Rights is tasked with adopting rules to implement and enforce these new requirements that were recently released in its draft regulations detailing the proposed notice and policy requirements.

Key Definitions

• • The draft...

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