In the concluding days of the Illinois legislative session (extended by Speaker Madigan beyond normal closure date of May 31, 2019), the Illinois legislature passed a Fair Tax Recommendation, legalized recreational marijuana as of January 1, 2020, passed a balanced budget and increased gas taxes and other fees to pay for infrastructure, but that's not all. On May 29, 2019, the Illinois legislature unanimously passed the Artificial Intelligence Video Interview Act (HB 2557) which will regulate how Employers can use artificial intelligence to analyze job applicant fitness for various positions. Under the new law, which has yet to be signed by Governor Pritzker, before requesting that an applicant submit to a video interview, employers will be required to:
- Notify the applicant for positions based in Illinois that the employer plans to have their video interview analyzed electronically, and
- Explain how the artificial intelligence technology works, and what general characteristics the employer will use to evaluate the candidate, and
- Obtain the candidate's consent to these procedures. Note that consent does not have to be in writing, but to prove consent was given, it is suggested that it be in writing.
Employers will be required to destroy all copies of any video interviews within thirty (30) calendar days of an applicant's request for that destruction, and employers will be prohibited from sharing the video interviews with anyone except with persons whose expertise is necessary to analyze the candidate's fitness for the position.
This new legislation - Artificial Intelligence Video Interview Act, is just another apparent effort by the State of Illinois to be at the forefront in addressing changing technologies in the workplace through legislation. It should be noted that in 2008, Illinois was the first state to pass one of the nation's laws regulating employer use of biometric information and that legislation has certainly caused a furor over the last few years of vast litigation affecting the employer/employee relationship. There is no doubt that the "brilliance of the Illinois legislators in again trying to regulate technology" could be costly to employers in monetary ways and the impact on the hiring process.
Questions? Contact attorney Walter Liszka in our Chicago office at (312) 629-9300 or by e-mail at [email protected].