A running list of states and localities that regulate AI in hiring

Effective date: Jan. 1, 2020

Employers affected: All employers

Employers that ask candidates to record video interviews and conduct analysis of applicant-submitted videos using AI must, prior to the interview, notify applicants that AI may be used, provide information explaining how the AI works and what general characteristics it will use to evaluate applicants, and obtain candidates’ consent to be evaluated by the AI.

Employers may not share applicant videos with anyone other than those persons whose expertise or technology is necessary to evaluate a candidate’s fitness for the position.

Employers must, within 30 days after receiving a deletion request from a candidate, delete video interviews and instruct any persons who received copies of such interviews to delete them, including any electronically generated backup copies.

Employers that rely solely upon AI analysis of video interviews to determine whether applicants will be selected for in-person interviews must collect and report the race and ethnicity data of all applicants who are selected for in-person interviews following an AI analysis, those who are not selected following an AI analysis and those who are ultimately hired. This data must be reported annually to the Illinois Department of Commerce and Economic Opportunity.

View the law