Illinois to Adopt New Employment Law Regulating Use of Artificial Intelligence in Job Interviews

Has Illinois proved itself at the forefront of developing technologies in the context of employment law? The Artificial Intelligence Video Interview Act (“the Act”) has been passed by Illinois lawmakers as of May 29, 2019, which regulates the use of Artificial Intelligence in the employment sector.

 The Act applies to any employer who conducts video interviews of job applicants and who may use Artificial Intelligence (“AI”) to determine an applicant’s fitness for the job. The Act requires employers to be transparent, obtain the applicant consent, and employ procedural mechanisms for the protection of applicant privacy.

 Under the Act, an employer must first disclose to the applicant that AI may be used to analyze the applicant’s interview video and consider the applicant’s fitness for the position. An employer is required to provide each applicant with a description of how AI will be used and describe the characteristics it uses to evaluate applicants. After disclosure, the employer must then obtain the consent of the applicant for its use of AI prior to the video interview. The employer may not use AI to evaluate applicants who have not given their consent for its use.

 The Act also mandates restrictions on the employers sharing of applicant videos and requires that video interviews be shared only with persons whose expertise or technology is necessary for evaluating an applicant’s fitness for the job. Finally, an applicant may request deletion of its video interview, then requiring the employer to delete the video interview, any copy thereof, 30 days after receiving the request for deletion.

Once Governor Pritzker signs the Act into law as expected, Illinois will be at forefront of regulating the use of developing technologies in the employment sector. But confusion is likely to abound since AI is not defined by the Act. Accordingly, those intending to use smart technology in the employment process should check with qualified counsel first.

Feel free to contact Joseph Messer if you have questions regarding this new law. Mr. Messer can be reached at jmesser@messerstrickler.com or (312) 334-3440