Illinois Artificial Intelligence Video Interview Act

The Illinois Artificial Intelligence Video Interview Act, 820 ILCS 42, took effect January 1, 2020. It applies when an employer asks applicants to record video interviews and uses AI analysis of those applicant-submitted videos for Illinois positions. Before asking an applicant to submit a video interview, the employer must notify the applicant that AI may be used to analyze the video and consider fitness for the position, provide information explaining how the AI works and the general types of characteristics it uses, and obtain the applicant’s consent. An employer may not use AI to evaluate an applicant who has not consented. The Act restricts sharing: an employer may share an applicant video only with people whose expertise or technology is necessary to evaluate the applicant’s fitness. Upon an applicant’s request, the employer must delete the interview within 30 days and instruct any recipient to delete its copies, including electronically generated backups. The recipient must comply with the instruction. These terms require workable deletion controls. If an employer relies solely on AI analysis of a video interview to decide whether an applicant is selected for an in-person interview, it must collect demographic data on applicants who are and are not advanced, and on applicants hired. It reports that data annually to the Illinois Department of Commerce and Economic Opportunity by December 31, covering the preceding 12-month period ending November 30. DCEO analyzes reported data and reports to the Governor and General Assembly whether it discloses racial bias. The trigger is sole reliance for the in-person interview decision. The Act is specific to recorded video interviews and does not establish a general audit requirement for every hiring algorithm. Other laws, including the Illinois Human Rights Act as amended by HB 3773, may impose separate duties. Employers should classify each tool’s role, capture notice and consent, restrict video access, honor deletion requests, and determine whether the demographic reporting trigger applies.