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Verified Credentials Nov 25, 2024 1:54:04 PM
Illinois Governor J.B. Pritzker signed House Bill 3773 into law on August 9, 2024, expanding the state’s regulations on the use of artificial intelligence in the employment process. This makes Illinois the second state to pass broad legislation on using artificial intelligence (“AI”) in employment decisions. In May 2024, Colorado enacted the Consumer Protections for Artificial Intelligence into law.
Illinois’ latest AI regulations will go into effect on January 1, 2026, introducing amendments to Article 5, Section 2 of the Illinois Human Rights Act.
The Act includes several critical provisions aimed at regulating AI during the employment decision-making process to create a fairer experience for candidates:
The Illinois Department of Human Rights is granted rule-making authority to implement the Act, subject to the Illinois Human Rights Act's enforcement and remedies provisions. For more detailed information, you can find the full text for House Bill 2773 here.
The Act is part of a broader trend in the United States, where states are leading regulatory efforts on AI. Starting on February 1, 2026, the Colorado Artificial Intelligence Act will also impose new regulations on developers and deployers of high-risk AI systems, such as those with algorithmic discrimination risks. Illinois, following closely behind Colorado with similar statewide industry regulations on the use of AI, may be an indicator that more laws on the use of AI will follow.
Illinois' decision highlights increasing scrutiny of the use of AI in employment decisions, creating a more pressing need for compliance with emerging laws. Employers using AI in their hiring practice should consult with their legal counsel to review any laws that might affect the use of AI during any part of the employment process.
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