As Illinois employers that use AI in employment decisions ready themselves for the new anti-discrimination, notice, and record-keeping requirements starting January 1, the Illinois Department of Human Rights is in the process of drafting the long-anticipated rules for compliance. Indeed, the Illinois Department of Human Rights (IDHR) recently met with stakeholders to propose rules to implement the new law. How will this big change impact your workplace? Here’s what you need to know about the state’s new employment-related AI law, the proposed rule, and the five steps you can take now to prepare.
Quick Review of New Illinois AI Obligations
Under the new law, employers will need to provide notice to applicants and workers if they use artificial intelligence for hiring, discipline, discharge, or other workplace-related purposes. Employers are also prohibited from using AI in ways that result in workplace discrimination.
The act includes a broad definition of AI and covers a variety of employment decisions.
AI includes any machine-based system that infers how to generate outputs – such as predictions, content, recommendations, or decisions – from the input it receives. The definition also expressly includes “generative artificial intelligence,” better known as GenAI, which is any automated computing system capable of producing outputs that simulate human-produced content when prompted by human inputs (think of results from ChatGPT, Claude, Gemini, etc.).
Workplace actions...
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