Illinois HB 3773 (AI in Employment) — Bias & Discrimination Prevention

Yes. Illinois HB 3773 (AI in Employment) addresses Bias & Discrimination Prevention through 1 provision.

Does Illinois HB 3773 (AI in Employment) require Bias & Discrimination Prevention?

Illinois • enforcing

Yes — 1 provision

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. 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

enforcing

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. 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

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

Sources: Public Act 103-0804, enacted HB 3773 text HB 3773 status/history Illinois Register Vol. 50, Issue 20 (proposed Subpart J, 50 Ill. Reg. 6794) Illinois Register Vol. 50, Issue 26 (withdrawal, 50 Ill. Reg. 8755) 56 Ill. Adm. Code 2520, JCAR current text