Extract from Brendan Pierson’s article “Illinois’ New AI-in-HR Rules Go Far Beyond Other States’ Restrictions”
Illinois is enacting sweeping new rules on how employers can use artificial intelligence in hiring and other employment decisions, potentially setting an example for other states.
The Illinois legislature in 2024 passed an amendment to the state’s Human Rights Act requiring employers to fully disclose how they use AI tools in HR decisions. It also bars them from discriminating against protected classes or by ZIP code.
The law took effect in January, and the Illinois Department of Human Rights is expected to finalize implementing regulations in the coming weeks.
Attorneys say the rules governing AI use in employment go significantly further than those adopted in other states—including California, New York, Colorado and Texas—bringing significant compliance burdens and litigation risk.