Enforcing now · Illinois

Illinois requires consent before AI analyzes your job interview. Are you compliant?

The Illinois Artificial Intelligence Video Interview Act (AIVIA) requires employers to notify and obtain consent from candidates before using AI to analyze video interviews. Illinois HB 3773 expands these requirements with broader AI employment decision regulations. With Chicago as a major corporate hub, Illinois AI hiring law affects thousands of employers nationwide who recruit Illinois candidates. AI Asset Assurance evaluates your AI hiring tools for bias across all protected categories and provides the documentation Illinois requires.

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REGULATION STATUS

AIVIAEffective Jan 1, 2020

HB 3773Effective Jan 1, 2026

ScopeIL employment decisions

EnforcementIL Dept of Human Rights

AI Asset Assurance coverageFull bias evaluation

What the regulation requires

Illinois AI employment requirements and AI Asset Assurance capabilities

Illinois has been at the forefront of AI hiring regulation since 2020. The requirements are expanding.

Candidate notification and consent

AIVIA (820 ILCS 42)

Employers must notify candidates that AI will analyze their video interview, explain how the AI works and what characteristics it evaluates, and obtain written consent before the interview.

AI Asset Assurance: Evaluation confirms your AI hiring tool's stated evaluation criteria match its actual behavior. If the tool claims to evaluate "communication skills" but its model weights correlate with accent or appearance, Shapley attribution reveals the discrepancy.

Data retention and destruction

AIVIA Requirements

Employers must destroy video recordings and AI analysis within 30 days of a candidate's request. Data retention practices must comply with Illinois data privacy requirements.

AI Asset Assurance: Evaluation includes assessment of whether the AI system's data handling practices create bias risks — for example, whether historical data retention creates feedback loops that perpetuate past discrimination patterns.

Demographic impact reporting

HB 3773 Expansion

Expanded requirements for employers to analyze the demographic impact of AI employment tools and report disparate outcomes across protected categories including race, gender, and zip code proxies.

AI Asset Assurance: Five independent validators evaluate demographic impact across all Illinois Human Rights Act protected categories. Per-variable Shapley attribution identifies proxy discrimination — variables that aren't explicitly protected but correlate with protected characteristics.

Illinois Human Rights Act intersection

775 ILCS 5

AI-driven employment decisions remain subject to the Illinois Human Rights Act's prohibition on discrimination based on race, color, religion, sex, national origin, ancestry, age, disability, sexual orientation, and military status.

AI Asset Assurance: Comprehensive evaluation across all IHRA protected categories with prescriptive remediation. The certification report documents your diligent evaluation — evidence of compliance rather than evidence of negligence.

Market context

Illinois reaches beyond state borders

Any employer that recruits Illinois candidates — whether headquartered in Illinois or not — is subject to AIVIA and HB 3773. Chicago is the third-largest metro area in the US with 9.5 million people. National employers recruiting from the Chicago talent pool need Illinois compliance even if they have no Illinois office.

State Compliance

$16,000

Single-regulation evaluation for Illinois AI employment requirements.

NYC + Illinois bundle

$32,000

Combined LL144 + Illinois evaluation. Most national employers need both.

Founding Partner

$10,700

33% founding partner discount. First 20 organizations.