Illinois Artificial Intelligence Video Interview Act Effective January 1, 2020

Artificial intelligence (AI) is becoming more and more prevalent in workplaces today and is changing the way we hire. Illinois is the first state to create regulations around using AI for video interviewing and its law becomes effective January 1st, 2020.  

Employers have started using AI to analyze video interviews by word choice, facial expressions, body language, etc. While the initial thought was that AI in interviews would remove bias, there are concerns that the selection procedure for AI analyzed interviews may result in an adverse impact on a racial or ethnic group or sex and on applicant privacy. 

Illinois’ new law does not prohibit the use of AI in video interviews, but instead ensures that employers are transparent with applicants on the use of AI and receive their consent prior to the interview. This law applies to companies who are “considering applicants for positions based in Illinois” and has the five requirements below: 

  1. Employers must provide advance disclosures to applicants that their video will be analyzed by AI.  
  1. Employers must explain how the technology works and which metrics/characteristics will be evaluated electronically.  
  1. Applicants must consent to the use of AI before it is used to analyze their video interview.  
  1. Once a video is created, an employer may not share the video with anyone other than a person whose expertise is needed to evaluate the applicant’s fitness for the job.  
  1. Employers must destroy all original and back-up copies within 30 days of receiving a request form an applicant, even though this may interfere with state and federal hiring record retention requirements.  

If you use a video interviewing service today, you should contact your service provider to see if they use AI to analyze the interviews. If they don’t, you do not have to act. If they do, you will need to create clear, easy to understand, and detailed communication plans and consent forms to comply with the new law.