Employment · 820 ILCS 42
AI Video Interview Act
Artificial Intelligence Video Interview Act
- Public Act
- PA 101-0260
- Effective
- January 1, 2020
- Enforced by
- Illinois Department of Labor (IDOL) and general employment-law remedies
- Verified
Requires notice, a plain-language explanation, and applicant consent before AI is used to analyze a recorded job interview.
The AI Video Interview Act is the ancestor of everything else on this map. In 2020 it made Illinois one of the first states to legislate AI in hiring, and it established the template — notice, explanation, consent — that later disclosure laws borrowed. Its limitation is also instructive: it governs process, not outcome. An employer can satisfy every notice-and-consent obligation and still deploy a biased tool.
That gap is exactly what HB 3773 (the AI Employment Discrimination Act) was written to close. Read the two together and the arc of Illinois employment-AI law is legible: first the state required transparency, then it required the underlying decision to be non-discriminatory.
What it requires
- Provide written notice before AI analyzes an applicant's video interview.
- Explain in plain language how the AI works and what characteristics it evaluates.
- Obtain the applicant's consent before any AI analysis takes place.
Who is covered
Illinois employers that use AI to analyze applicant-submitted video interviews, and the vendors that provide the analysis.
What the exposure is
No statute-specific cap — notice/consent regime
The statute specifies no monetary cap. Compliance failures are subject to general employment-law enforcement through the Illinois Department of Labor and may support claims under separate statutes.
Key dates
- August 2019 Signed as PA 101-0260
- January 1, 2020 Took effect
If this applies to you
- Provide written notice to every applicant before AI analyzes their video interview.
- Explain in plain language how the AI tool works and what it evaluates.
- Obtain explicit written consent before any AI analysis takes place.
- Offer applicants the option to opt out and request a human review instead.
Primary sources 2
- Compiled Statutes 820 ILCS 42 — AI Video Interview Act (Illinois Compiled Statutes)
- Public Act Public Act 101-0260 — Full Text (PDF)
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