Illinois passes Artificial Intelligence Video Interview Bill

Illinois again finds itself at the cutting edge of employment laws regulating new technology. Gov. J.B. Pritzker recently signed into law the Artificial Intelligence Video Interview Act, HB 2557 (Act), which goes into effect on New Year’s Day 2020. The Act aims to preempt and regulate the inevitable widespread use of artificial intelligence in analyzing potential employee’s video interviews.

The Act places guidelines on employers' use of artificial intelligence to analyze video interviews. An employer that uses artificial intelligence to analyze video interviews must:

1. Inform applicants before the interview that artificial intelligence may be used to consider the applicants interview.  
2. Inform applicants before the interview of how the artificial intelligence operates and what characteristics it uses to evaluate applicants.
3. Obtain the applicant’s consent before the interview allowing the employer to use artificial intelligence to evaluate the video interview, and the employer may not use artificial intelligence to evaluate applicants who have withheld consent.
4. Maintain the video’s confidentiality and can only share it with those whose expertise or technology is needed to evaluate the applicant.
5. Destroy all video and copies of an applicant’s video interview within 30 days of an applicant’s request for destruction of the video.

Although the Act thoroughly places guardrails on employers’ use of artificial intelligence in analyzing video interviews, it leaves a lot of question unanswered. The Act does not:

• Specify if there is a private right of action and/or what government agency has enforcement responsibilities;
• Have a clause specifying what damages and remedies are available for an applicant if an employer violates the Act; and
• Provide a definition for what exactly constitutes artificial intelligence.

Nevertheless, as the use of artificial intelligence in hiring decisions grows, the effectiveness of the Act will be tested in the courtroom and we can expect Illinois courts to provide further guidance on the Act. In addition, perhaps the legislature will follow up with specific amendments addressing any deficiencies in the Act.

Contact a Chuhak & Tecson Employment attorney with questions regarding your business’ video interviewing process and procedures.

This Chuhak & Tecson, P.C. communication is intended only to provide information regarding developments in the law and information of general interest. It is not intended to constitute advice regarding legal problems and should not be relied upon as such.

Client Alert authored by: O. Koplan Nwabuoku, Associate