Illinois AI in Employment amendment (HB 3773)
Illinois · 775 ILCS 5/2-102(L) (Illinois Human Rights Act, Public Act 103-0804) · effective 2026-01-01
Summary
It is a civil rights violation for an employer to fail to give an employee notice that it uses AI for recruitment, hiring, promotion, renewal, training selection, discipline, discharge, tenure or other terms of employment. It is also one to use AI with the effect of discriminating, or to use ZIP codes as a proxy for protected classes. The statute leaves the conditions, timing and means of notice to Department of Human Rights rules. The Department withdrew its draft rules in June 2026, but the notice duty remains.
Who must comply
Employers with Illinois employees or applicants.
What you must disclose
Notice that AI is used for employment decisions. The statute says "employee", but the uses it covers include recruitment and hiring, so tell applicants too.
When: The statute sets no time and leaves it to rules not yet adopted. Telling people before AI is used is the safe reading.
Other duties
- Do not use AI in a way that has the effect of discriminating.
- Do not use ZIP codes as a proxy for protected classes.
Exemptions
- None specified in the statute.
Penalties
Civil-rights remedies under the Illinois Human Rights Act (damages, fees, injunctions).