Illinois HB 3773 (AI in Employment)

Jurisdiction:
Illinois
enforcing
Effective:
Jan 1, 2026
Authority:
Illinois Department of Labor
Official text

Obligations Covered

Bias & Discrimination Prevention

Timeline

MilestoneDateNotes
SignedAug 9, 2024Governor approved
EffectiveJan 1, 2026In effect

Related Regulations and Standards

Related instruments are selected from shared compliance obligations and jurisdiction coverage.

Provisions (1)

Prohibition on Discriminatory AI in Employment

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Obligation:
Bias Prevention
enforcing
Effective:
Jan 1, 2026
Risk tier:
high-risk
Scope:
employers (including staffing agencies)

Requirements

RequirementDetails
No discriminatory AIProhibition on AI that discriminates based on protected classes or uses zip code as proxy for protected class
Covered decisionsApplies to: recruitment, hiring, promotion, renewal, training/apprenticeship selection, discharge, discipline, tenure, terms/privileges/conditions of employment
Employee notificationSection 2-102(L)(2) requires an employer to give notice to an employee that the employer is using AI for the purposes described in paragraph (1); this statutory wording does not independently establish a separate applicant-notice requirement
IDHR implementation rulesSection 2-102(L) directs the Department to adopt necessary implementation and enforcement rules, including notice circumstances and conditions, timing, and means. IDHR proposed 56 Ill. Adm. Code 2520 Subpart J, "Use of Artificial Intelligence in Employment" (amended § 2520.110; new §§ 2520.900 and 2520.910) at 50 Ill. Reg. 6794 (May 15, 2026) and withdrew it at 50 Ill. Reg. 8755 (June 26, 2026) "to further consult and collaborate with other State agencies." No adopted notice appears in Volume 50 Issues 1-40 (through October 2, 2026), and the JCAR text of Part 2520 retrieved October 5, 2026 contains no artificial-intelligence provisions, so no implementing rule is in effect

Penalties

ViolationFine
Civil-rights violationGeneral IHRA remedies apply, including Commission cease-and-desist orders, actual damages, hiring or reinstatement, and backpay under § 8A-104; the complete retained enacted text of § 2-102(L) contains no separate AI-specific fine schedule
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