On August 9, 2024, Illinois Governor J.B. Pritzker signed HB 3773 into law, amending the Illinois Human Rights Act (IHRA) to expressly regulate the use of artificial intelligence (AI) for employment decisions. HB 3773 is the second Illinois law that regulates workplace AI. As we previously reported, in August 2019, Illinois enacted the first of its kind statute, the Artificial Intelligence Video Interview Act (AIVIA), which requires employers who use AI-enabled video interviewing technology to provide applicants advanced notice of the use of the AI, information regarding how the AI works and the characteristics evaluated, and obtain prior consent from applicants. And, while not necessarily directed exclusively at workplace AI tools, as we also previously reported, an employer’s use of AI-powered facial expression and screening technology could also implicate the requirements of the Illinois Biometric Information Privacy Act (BIPA).
HB 3773 has a potentially broader application than either AIVIA or BIPA. HB 3773 provides two new definitions:
Artificial Intelligence
A machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments.
Artificial intelligence also includes generative artificial intelligence.
Generative Artificial Intelligence
An automated computing system that, when prompted with human prompts, descriptions, or queries, can produce outputs that simulate human-produced content, including, but not limited to, the following:
Chicago has amended its “Ban the Box” Ordinance (the “Ordinance”) to further align with Illinois law. The Ordinance, which originally took effect in 2015, provides protections for both prospective and current employees. Historically, the Ordinance restricted when Chicago employers with fewer than 15 employees and certain public employers could inquire about or consider an individual’s criminal record or criminal history. The new amendments, which took immediate effect, expand application of the Ordinance to almost all Chicago employers and impose significant new assessment and notice requirements thereon. The amendments also expressly incorporate into the Ordinance provisions from the Illinois Human Rights Act (IHRA) that prohibit employers from inquiring about or considering an individual’s arrest record. The amendments did not modify the Ordinance’s penalties, however, so employers are still liable for fines of up to $1,000 per violation, license-related disciplinary actions, and potential discrimination charges before the Chicago Commission on Human Relations.
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