Since Illinois’ Limit Predictive Analytics Use Act took effect, workplace AI risk is no longer a theoretical compliance concern. It’s a live litigation issue. Employers now face a civil right of action tied to discriminatory AI use and failures to disclose.
Illinois isn’t a quirky outlier. It’s one visible node in a fast-emerging national patchwork, and arguably the most consequential. New York and Colorado have made similar legislative moves, together representing tens of millions of workers. What’s taking shape across these three states is impacting how a large slice of the U.S. labor market will experience automated hiring and management tools.
Littler’s AI practice, which advises employers on deploying AI and defends AI-based employment class actions, has a pointed take on Illinois specifically, calling it “a plaintiff’s blueprint state.”
Britney Torres, co-chair of Littler’s AI & Technology Practice Group, told HR Executive that “courts will look to AI-specific and generally applicable discrimination authority to determine where liability lands for biased employment decisions arising out of AI tools.”
The liability picture gets complicated quickly, particularly when it comes to joint liability, an area HR knows well. Many hiring and employment practices are increasingly done hand-in-hand with a platform or vendor.
Torres points to California as an example. Courts there will need to interpret discrimination...
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