IL AI Employment Law
Illinois Human Rights Act AI Amendment (HB 3773)
Amends Illinois Human Rights Act to make it a civil rights violation for employers to use AI that discriminates based on protected classes in employment decisions. Requires notice to employees and applicants when AI is used in hiring, firing, promotion, or discipline.
Jurisdiction
Illinois
Enacted
Aug 9, 2024
Effective
Jan 1, 2026
Enforcement
Illinois Department of Human Rights
Public Act 103-0804; signed August 9, 2024; effective January 1, 2026
Illinois General AssemblyWhy It Matters
Third US jurisdiction (after NYC LL144 and Colorado) to regulate AI in employment decisions. Includes private right of action through civil rights framework. Applies to employers of all sizes (1+ employee threshold).
Recent Developments
Effective January 1, 2026. Illinois Department of Human Rights released draft rules in late 2025 for Subpart J implementing notice requirements.
At a Glance
Applies to
Harms addressed
Requires
Who Must Comply
- Employers with 1+ employees during 20+ calendar weeks in violation year
- Employment decisions including hiring, firing, promotion, discipline, tenure, training
Obligations fall on:
Applicability thresholds:
Safety Provisions
- Prohibition on AI use that results in discrimination based on protected classes
- Prohibition on using zip codes as proxy for protected classes in AI algorithms
- Mandatory notice to employees when AI used in employment decisions
- Mandatory notice to applicants when AI used in hiring process
- Notice must explain AI use in easily understandable manner
Compliance & Enforcement
Key Dates
Jan 1, 2026
All provisions take effect
Penalties
Unspecified
Private Right of Action
Individuals can sue directly without waiting for regulatory action.
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Illinois
Focus Areas
Cite This
APA
Illinois. (2024). Illinois Human Rights Act AI Amendment (HB 3773).
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Last updated February 11, 2026. Verify against primary sources before relying on this information.