ILLINOIS · EMPLOYMENT FOCUS
Illinois HB 3773: Employer AI Checklist
If you're using AI anywhere in your hiring or HR process and you have Illinois employees, you have new disclosure obligations.
What HB 3773 covers
Illinois HB 3773 amended the Illinois Human Rights Act to add AI-specific protections in employment. It applies to any AI used to make decisions about Illinois employees or candidates — hiring, promotion, performance evaluation, discipline, or discharge.
Effective date and fines
Effective January 1, 2026. Enforcement by the Illinois Department of Human Rights. Civil penalties up to $10,000 per violation.
Employer checklist
- Notify candidates if AI is used in hiring decisions (job postings, application portals, video interview analysis)
- Notify current employees if AI factors into performance evaluation or discipline
- Avoid using AI that has discriminatory impact based on protected classes (race, sex, age, disability, etc.)
- If an AI-assisted decision is adverse to a candidate or employee, provide an explanation of how AI was used
- Maintain records of which AI tools you use, what they decide, and what training data they use
Common AI tools that trigger this
- AI resume screeners (HireVue, Pymetrics, etc.)
- AI scheduling tools that filter candidates by availability
- AI-augmented background checks
- AI chatbots that screen applicants
- Performance management software with predictive analytics
What to put in the disclosure
The notice should be plain-English, given before the AI is used, and explain: what the AI does, what data it considers, how it factors into the decision, and how the candidate can request a human review.
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Scan my site →This article provides educational information only, not legal advice. Consult a qualified attorney for compliance decisions specific to your business. Regulations change frequently and the information here may become outdated.