Public Act 101-260 created the Artificial Intelligence Video Interview Act, codified at 820 ILCS 42/1–20. It was approved on August 9, 2019 and took effect on January 1, 2020. Public Act 102-47, approved on July 9, 2021 and effective January 1, 2022, added the demographic reporting requirements in Section 20. The Act applies when an employer asks applicants to record video interviews and uses artificial intelligence to analyze those applicant-submitted videos while considering applicants for positions based in Illinois. Before asking for the recording, the employer must notify the applicant that AI may analyze the interview and assess fitness for the position, explain how the AI works and the general types of characteristics it evaluates, and obtain consent. An applicant who does not consent may not be evaluated using that AI analysis. Applicant videos may be shared only with persons whose expertise or technology is necessary to evaluate the applicant. After an applicant requests deletion, the employer has 30 days to delete the interviews and instruct every recipient to delete its copies, including electronically generated backups. A recipient must comply with that instruction. An employer that relies solely on AI analysis of a video interview to decide whether an applicant receives an in-person interview must collect the race and ethnicity of applicants who do and do not advance and of applicants who are hired. The employer must report the data to the Illinois Department of Commerce and Economic Opportunity by December 31 each year for the twelve-month period ending November 30. DCEO must report by July 1 whether the submitted data discloses racial bias. The Act itself contains no express enforcement agency, administrative fine, statutory civil penalty, or express private cause of action. It should not be described as imposing a bias audit or as regulating every use of AI in employment.
Regulation
Verified record
- Risk classification summary
- The Act regulates a narrow recorded-video interview workflow and does not create a general employment-AI risk classification or require a bias audit.
- Requirements summary
- Obtain consent before the interview; restrict sharing; honor a deletion request within 30 days and instruct recipients to delete copies and backups; where AI analysis alone determines access to an in-person interview, collect and report the required race and ethnicity outcomes annually.
- Affected entities
- Employers requesting recorded video interviews and applying AI analysis to those recordings when considering applicants for positions based in Illinois. It is not a general employment-AI law.
- Enforcement summary
- 820 ILCS 42 contains no express enforcement provision and specifies no civil or administrative penalty or express private cause of action.