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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 Assembly

Why 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

Recruitment AIAutomated Decision System

Harms addressed

Discrimination

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:

1 employees/20_calendar_weeks — Subject to law if employer has 1+ employees during 20+ calendar weeks

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.

View on map

Illinois

Focus Areas

Algorithmic accountability
Active safeguards required

Compliance Help

Employers must provide notice to employees and applicants about AI use in employment decisions. AI systems must not discriminate based on protected classes.

See how NOPE helps

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.