EveryAILaw.comDoes Illinois HB 3773 (AI in Employment) require Bias & Discrimination Prevention?
Illinois • enforcing
Yes — 1 provision
Requirements at a glance
This regulation imposes 4 specific requirements for Bias & Discrimination Prevention across 1 provision:
- No discriminatory AI — Prohibition on AI that discriminates based on protected classes or uses zip code as proxy for protected class
- Covered decisions — Applies to: recruitment, hiring, promotion, renewal, training/apprenticeship selection, discharge, discipline, tenure, terms/privileges/conditions of employment
- Employee notification — Section 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 rules — Section 2-102(L) directs the Department to adopt necessary implementation and enforcement rules, including notice circumstances and conditions, timing, and means; the current status of implementing rules was not established by this source review
Prohibition on Discriminatory AI in Employment
Requirements
| Requirement | Details |
|---|---|
| No discriminatory AI | Prohibition on AI that discriminates based on protected classes or uses zip code as proxy for protected class |
| Covered decisions | Applies to: recruitment, hiring, promotion, renewal, training/apprenticeship selection, discharge, discipline, tenure, terms/privileges/conditions of employment |
| Employee notification | Section 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 rules | Section 2-102(L) directs the Department to adopt necessary implementation and enforcement rules, including notice circumstances and conditions, timing, and means; the current status of implementing rules was not established by this source review |
Penalties
| Violation | Fine |
|---|---|
| Civil-rights violation | General 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 |