The State of Illinois recently enacted legislation entitled the Artificial Intelligence Video Interview Act which took effect on January 1, 2020. Employers who use Artificial Intelligence to analyze videos of job applicants are subject to the requirements of this law. Artificial Intelligence interviewing is growing substantially in the Private Sector. A survey last year of over 1,300 HR Professionals and In-House Counsel indicated that more than thirty-five (35%) percent of those responding are using Artificial Intelligence in the recruiting and hiring process.
The Honorable J.B. Pritzker has been very busy in enacting sweeping changes to the Employment Law Landscape through the passage of various pieces of legislation in the State of Illinois. These legislative changes have modified the Illinois Human Rights Act and the Illinois Victim Economic Security and Safety Act and created the new Workplace Transparency Act, which has imposed new reporting, training and contracting requirements as well as expanding the potential legal liability of employers. As well, Amendments to the Illinois Equal Pay Act have raised issues with regard to the hiring process and the Organ Donor and School Activity Leave has added to the Changing Landscape.
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: