Enacted laws

Employment · 820 ILCS 42

AI Video Interview Act

Artificial Intelligence Video Interview Act

In force
Public Act
PA 101-0260
Effective
January 1, 2020
Enforced by
No enforcement agency designated in the Act
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 took effect in 2020. For covered use of AI to analyze applicants’ recorded video interviews, it requires notice, an explanation of how the AI works and what it evaluates, and the applicant’s consent before the interview. It also addresses deletion of recordings and, in specified circumstances, demographic reporting.

PA102-0047, approved July 9, 2021 and effective January 1, 2022, added a distinct demographic-reporting duty when an employer relies solely on AI analysis to determine selection for an in-person interview. Employers report the specified race/ethnicity data by December 31 for the twelve months ending November 30; DCEO reports by July 1. This trigger does not cover every AI- assisted hiring use.

DCEO’s report titled 2026 Artificial Intelligence Video Interview Act Report, printed June 2026, states that it received no such demographic data for the twelve months ending November 30, 2025. This is an agency reporting result, not proof of no AI use or universal employer compliance.

The later AI amendments to the Illinois Human Rights Act (HB 3773) address discriminatory effects and notice in covered employment decisions. Employers using both types of AI should review the requirements of both laws.

What it requires

  • Notify each applicant before the interview that AI may be used to analyze the video interview.
  • Provide information before the interview explaining how the AI works and what general types of characteristics it evaluates.
  • Obtain the applicant's consent before the interview; do not use AI to evaluate applicants who have not consented.
  • When solely AI analysis determines selection for an in-person interview, report the specified race/ethnicity data by December 31 for the twelve months ending November 30; this is not a reporting trigger for every AI-assisted hiring use.

Who is covered

Employers considering applicants for positions based in Illinois who ask them to record video interviews and use AI to analyze the recordings.

What the exposure is

No statute-specific monetary penalty specified

The Act does not specify a monetary penalty or damages schedule. Other laws may apply depending on the facts.

Key dates

  • August 9, 2019 Signed as PA 101-0260
  • January 1, 2020 Took effect
  • January 1, 2022 PA102-0047 demographic-reporting amendment takes effect

If this applies to you

  • Notify applicants and explain the AI analysis before asking them to submit a video interview.
  • Obtain applicant consent before the interview and do not analyze a recording with AI without consent.
  • On an applicant's request, delete their interview within 30 days and instruct recipients to delete their copies.
  • Check whether the separate demographic reporting rule applies when AI analysis alone determines who receives an in-person interview.

Primary sources 6

  1. Compiled Statutes 820 ILCS 42 — AI Video Interview Act (Illinois Compiled Statutes) Illinois General Assembly · ilga.gov · retrieved
  2. Public Act Public Act 101-0260 — Full Text (PDF) Illinois General Assembly · ilga.gov · retrieved
  3. Bill status HB 2557 — Enacted Bill Status Illinois General Assembly · ilga.gov · retrieved
  4. Public Act Public Act 102-0047 — Section 20 reporting amendment (indexed official text) Illinois General Assembly · ilga.gov · retrieved Indexed amendment text independently reviewed; direct whole-act retrieval remained unavailable.
  5. Bill status HB 53 — Enacted amendment history Illinois General Assembly · ilga.gov · retrieved
  6. Source 2026 Artificial Intelligence Video Interview Act Report Illinois Department of Commerce and Economic Opportunity · dceo.illinois.gov · retrieved Printed June 2026; reports no specified demographic data received for the twelve months ending November 30, 2025. This does not establish no AI use or universal employer compliance.

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