Illinois Artificial Intelligence Video Interview Act - 5 Things You Need to Know

June 12, 2023
Authored by
Airlie Hilliard
Senior Researcher at Holistic AI
Illinois Artificial Intelligence Video Interview Act - 5 Things You Need to Know

On 1st January 2020, the Artificial Intelligence Video Interview Act came into effect in Illinois, affecting employers who use artificial intelligence to analyse video interviews of job applicants. Here are the 5 things you need to know about this legislation.

1. What do employers have to give candidates notice of?

Before AI is used to analyse a video interview, employers must inform candidates that AI is being used to assess their suitability, how the AI works, and which characteristics will be used in the evaluation.

2. Do candidates need to consent to the use of AI?

Based on the information provided in the notice, candidates must consent to the video interview to be judged by AI before it occurs.

3. What are the restrictions on sharing video interviews?

Video interviews must only be shared with those whose expertise or technology is required to evaluate the interview. In other words, video interviews may be shared with vendors providing the AI used to analyse the interview.

4. What is the procedure when an applicant requests that their interview be deleted?

When requested by the applicant, employers must delete an applicant’s interview(s) within 30 days. Any other parties who have a copy of the video interview must also delete the video, including any backups.

5. What information has to be reported?

Employers relying solely on AI to analyse video interviews must collect and report the race and ethnicity of the applicants who,

a) are not selected for an in-person interview following the AI analysis, and

b) are hired following the AI analysis

This should be reported to the Department of Commerce and Economic Opportunity annually by December 31 and should include the data collected in the 12-month period ending on November 30 preceding the filing of the report.

DISCLAIMER: This blog article is for informational purposes only. This blog article is not intended to, and does not, provide legal advice or a legal opinion. It is not a do-it-yourself guide to resolving legal issues or handling litigation. This blog article is not a substitute for experienced legal counsel and does not provide legal advice regarding any situation or employer.

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