UPDATE: On June 2, 2026, the Illinois Department of Human Rights withdrew these proposed regulations and canceled the public hearing that had been scheduled for June 10. Given that the underlying statute requires only “notice” when using AI for covered purposes and does not elaborate on the frequency or manner of notice, employers will have to await further regulatory action for any additional guidance.

ORIGINAL TEXT: On May 15, 2026, the Illinois Department of Human Rights (IDHR) introduced proposed regulations that would specify how employers must give notice to workers when they use artificial intelligence (AI) in hiring or employment decisions.

Public Act 103-084, which went into effect on Jan. 1, 2026, as part of the Illinois Human Rights Act (Act), requires employers to give notice to workers when using AI “with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, or the terms, privileges, or conditions of employment.” It also establishes civil rights violations against employers whose use of AI in employment decisions “has the effect of subjecting employees to discrimination” based on protected class or ZIP code. However, the legislature delegated authority to the IDHR to promulgate regulations fleshing out the notice requirement. These newly proposed amendments broadly instruct when notice would be required and what information employers would need to include.

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