Employment · HB 3773
AI in Employment — Illinois Human Rights Act
Illinois Human Rights Act Amendment — Artificial Intelligence
- Public Act
- PA 103-0804
- Effective
- January 1, 2026
- Enforced by
- Illinois Department of Human Rights (IDHR) → Illinois Human Rights Commission
- Verified
Bans discriminatory effects from AI in covered employment decisions, prohibits ZIP codes as protected-class proxies, and requires notice of covered AI use.
PA 103-0804 adds rules for AI use in employment decisions to the Illinois Human Rights Act. Covered employers may not use AI in a way that subjects employees to discrimination based on protected classes or use ZIP codes as proxies for protected classes in those decisions. Employers must also notify employees when AI is used in covered employment decisions.
The Illinois Department of Human Rights withdrew its proposed implementing rules in June 2026. The statute took effect January 1, 2026; the proposed rule withdrawal did not suspend it.
What it requires
- AI may not be used in employment decisions in a way that subjects employees or applicants to discrimination on the basis of a protected class.
- ZIP codes may not be used as a proxy for protected classes in covered employment decisions.
- Employers must notify employees when AI is used in covered employment decisions.
Who is covered
Employers making covered employment decisions concerning Illinois employees or applicants, including recruitment, hiring, promotion, discipline, and discharge, when they use AI in those decisions.
What the exposure is
Illinois Human Rights Act remedies
Enforced as an Illinois Human Rights Act violation through IDHR charges and Human Rights Commission proceedings. Remedies may include make-whole relief, back pay, reinstatement, emotional-distress damages, attorney fees, and applicable civil penalties. The Act does not authorize punitive damages under Section 8A-104.
Key dates
- August 9, 2024 Signed by Gov. Pritzker as PA 103-0804
- January 1, 2026 Took effect
If this applies to you
- Review AI hiring and HR tools for discriminatory effects across protected classes.
- Provide employees the notice required for covered AI use in employment decisions.
- Review whether a tool uses ZIP codes as proxies for protected classes in covered decisions and address that risk.
- Keep records of covered AI use and how potential discriminatory effects were assessed.
Primary sources 3
- Public Act Public Act 103-0804 — Full Text (PDF)
- Bill text HB 3773 (103rd GA) — Full Bill Text
- Bill status HB 3773 (103rd GA) — Enacted Bill Status
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