Illinois Human Rights Act, 775 ILCS 5/2-102(L) (Public Act 103-0804, HB 3773)
Any employer already covered by the Illinois Human Rights Act — broadly, one or more employees in Illinois for 20 or more calendar weeks. No AI-specific size threshold.
- 01Stop using AI that has the effect of discriminating on a protected basis in recruitment, hiring, promotion, renewal, training selection, discharge, discipline, tenure, or terms and conditions of employment.
- 02Stop using zip code as a proxy for a protected class.
- 03Notify an employee that AI is being used for any of those purposes.
- 01Nothing. The statute imposes no duty on the tool vendor.
- 01No bias audit, impact assessment or third-party testing of any kind.
- 02No ban on AI in employment decisions — use is lawful so long as it is non-discriminatory and noticed.
- 03No consent, no opt-out, no right to request a human alternative.
- 04No disclosure of the vendor, the model, the data sources, the logic, or what the tool weighs.
- 05No publication of anything, no filing with the Department, no AI-specific recordkeeping.
- 06The notice duty as drafted runs to an 'employee'. The prohibited-use clause reaches recruitment and hiring, but the notice subsection does not on its face extend to external applicants.
Enforced as an ordinary civil rights violation through the Illinois Department of Human Rights and the Human Rights Commission. No AI-specific penalty and no separate private right of action.
The duty sits on the employer, not on us. Worth flagging for any customer hiring in Illinois: the statute delegates the content, timing and means of the notice to the Department, and as of today the Department has adopted no such rules. There is a duty with no standard attached to it. Anyone telling you exactly what an Illinois AI notice must say is telling you more than the law does.
“For an employer to fail to provide notice to an employee that the employer is using artificial intelligence”
775 ILCS 5/2-102(L)(2)