Illinois adds reporting requirement for employers using AI for video interviews

Illinois has enacted legislation (House Bill 53) that requires employers to collect and report certain demographic data to the state if the rely solely upon an artificial intelligence analysis of a video interview to determine whether an applicant will be selected for an in-person interview. House Bill 53 takes effect January 1, 2022.

If the employer relies solely upon an artificial intelligence analysis of a video interview to determine whether an applicant will be selected for an in-person interview, the following data must be reported to the Department of Commerce and Economic Opportunity annually by December 31:

• The race and ethnicity of applicants who are and aren’t afforded the opportunity for an in-person interview after the use of artificial intelligence analysis; and
• The race and ethnicity of applicants who are hired.

The Department of Commerce and Economic Opportunity will analyze the data and report to the governor and legislature each year whether the data discloses a racial bias in the use of artificial intelligence.

Compliance Recommendations:

Covered employers should review policies and procedures to ensure compliance with House Bill 53.