AI Video Interview Act
Implemented in 2020, this Illinois law sets specific requirements for employers using AI in video interviews. The legislation mandates that employers must disclose AI use in video interviews, provide advance notification to job applicants, explain how the AI system works, and obtain explicit consent. The law specifically focuses on hiring practices and represents one of the first state-level regulations addressing AI use in the hiring process, setting important precedents for transparency and consent in AI-driven recruitment.
| Jurisdiction | Illinois |
|---|---|
| Category | Employment |
| Status | Active |
| Latest development |
Analysis
Key Requirements
The Illinois Artificial Intelligence Video Interview Act imposes several key requirements on employers using AI to analyze video interviews:
- Notification: Employers must notify each applicant before the interview that AI may be used to analyze their video interview and consider their fitness for the position.
- Explanation: Employers must provide information to applicants explaining how the AI works and what general types of characteristics it uses to evaluate applicants.
- Consent: Employers must obtain consent from the applicant before using AI to evaluate their video interview.
- Limited Sharing: Employers may only share applicant videos with persons whose expertise or technology is necessary to evaluate the applicant's fitness for the position.
- Deletion: Upon request from the applicant, employers must delete the applicant's interviews within 30 days and instruct any other persons who received copies to also delete the videos.
Compliance Challenges
Organizations face several challenges in complying with this Act:
- Explaining AI Functionality: Providing a clear explanation of how AI works and what characteristics it evaluates can be difficult, especially if using third-party AI tools. HireVue, a leading AI interview platform, notes that transparency in AI decision-making processes is a significant challenge.
- Ensuring Proper Consent: Obtaining and documenting informed consent from all applicants can be logistically challenging, especially for large-scale hiring processes. The Society for Human Resource Management (SHRM) highlights this as a key compliance issue.
- Data Management and Deletion: Tracking and managing video interview data, including timely deletion upon request, can be complex. Littler, a global employment law firm, identifies this as a significant operational challenge for employers.
Implementation Best Practices
To effectively implement the Act's requirements:
- Develop Clear Policies: Create comprehensive policies outlining AI use in interviews. The American Bar Association recommends developing clear AI policies as a best practice.
- Train HR Staff: Ensure all staff involved in the hiring process understand the Act's requirements. SHRM provides resources for HR training on AI compliance.
- Use Compliant AI Tools: Choose AI interview tools that are designed to comply with the Act. Workable offers a guide on selecting compliant AI hiring tools.
- Implement Robust Data Management: Use secure systems to manage and track video interview data. The National Institute of Standards and Technology (NIST) provides guidelines on AI data management.
Recent Updates
As of 2024, there have been no significant amendments to the original Act. However:
- The Illinois General Assembly continues to monitor the Act's implementation and may consider future updates.
- Illinois House Bill 3773, effective January 1, 2026, will further regulate AI use in employment decisions, complementing the Video Interview Act.
Related Regulations
Several related regulations interact with the Illinois AI Video Interview Act:
- Illinois Biometric Information Privacy Act (BIPA): This law regulates the collection and use of biometric data, which may overlap with AI video analysis.
- Americans with Disabilities Act (ADA): The EEOC has issued guidance on how AI in hiring may interact with ADA requirements.
- Title VII of the Civil Rights Act: This federal law prohibits employment discrimination, which may be relevant if AI systems show bias.
Industry Impact
The Act has had significant impacts on the hiring industry:
- Increased Transparency: Employers are now required to be more transparent about their use of AI in hiring. The Society for Industrial and Organizational Psychology (SIOP) reports this has led to increased candidate trust.
- Changes in AI Tool Development: AI interview tool providers are adapting their products to meet compliance requirements. HireVue has reported significant changes to their AI algorithms in response to regulatory pressures.
- Shift in Hiring Practices: Some employers are reevaluating their use of AI in hiring due to compliance complexities. A survey by Littler Mendelson found that 39% of employers expressed concerns about using AI in hiring due to legal and ethical considerations.
Sources
- Illinois General Assembly - Artificial Intelligence Video Interview Act
- HireVue Blog - AI in Hiring: Legal & Ethical Implications
- SHRM - Illinois Employers Must Comply with Artificial Intelligence Video Interview Act
- Littler - Implementing Illinois' AI Video Interview Act
- American Bar Association - Navigating the AI Employment Bias Maze
- Workable - U.S. regulations on hiring with AI: a state-by-state guide
- NIST - Artificial Intelligence
- Illinois General Assembly - Biometric Information Privacy Act
- EEOC - ADA and AI Guidance
- EEOC - Title VII of the Civil Rights Act
- SIOP - Artificial Intelligence in Hiring: Legal and Ethical Considerations
- HireVue - HireVue Assessments and Ethical AI
- Littler Mendelson - Annual Employer Survey on Workplace Concerns
Recent developments
- — Illinois adopts new AI-in-employment regulations that explicitly build on the Artificial Intelligence Video Interview Act (AIVIA), expanding prohibitions on discriminatory use of AI in hiring and promotion and tying notice failures to violations of the Illinois Human Rights Act.[4] (source)
- — JD Supra commentary explains how Illinois’ new AI employment regulations interact with AIVIA, emphasizing enhanced notice requirements, broader coverage of AI tools (including generative AI), and increased enforcement risk for employers using AI video interviews.[6][4] (source)
- — Analysis of Deyerler v. HireVue highlights how Illinois’ Biometric Information Privacy Act (BIPA) is being applied to AI video interview platforms, raising compliance and litigation risks for technologies subject to AIVIA and reinforcing obligations around data collection and consent.[5] (source)
- — A multi‑jurisdiction review notes Illinois’ AIVIA as a foundational model for regulating AI video interviews and discusses how newer state and city initiatives on AI in employment decisions are borrowing similar disclosure, consent, deletion, and audit concepts.[7][3] (source)
- — Holistic AI’s updated overview of Illinois AIVIA reiterates its key requirements—notice, explanation of AI mechanics, applicant consent, limits on sharing, and 30‑day deletion on request—and situates the Act within broader AI governance and risk-management trends in hiring.[1][7] (source)
- — A UIC Law Review piece critiques AIVIA as both a data-privacy safeguard and a mechanism that may pressure applicants to trade privacy for employment, sparking debate over whether its consent and deletion rights sufficiently protect job seekers in AI‑mediated hiring.[8] (source)
- — A law review article on AI video interviews underscores that Illinois (via AIVIA) and Maryland remain primary U.S. jurisdictions with specific AI video interview statutes, prompting employers and vendors to treat AIVIA as a de facto standard for AI interview compliance.[2][7] (source)
- — Industry-focused guidance uses AIVIA as a case study to advise multistate employers on harmonizing AI hiring practices across jurisdictions, highlighting operational impacts such as updated candidate notices, consent workflows, data retention policies, and vendor contracts.[7] (source)
- — HB 3773 takes effect January 1, 2026, mandating AI use disclosures for employment decisions; employers must review AI tools for compliance with this and AIVIA's video interview requirements like consent and data deletion.[3] (source)
- — House Bill 3773 takes effect in Illinois, directing the Department of Human Rights to issue rules that extend AI-related employment obligations beyond AIVIA’s video interview focus, signaling increased regulatory scrutiny of AI-assisted hiring tools statewide.[4][6] (source)
- — Practice-oriented commentary reviews AIVIA’s operational requirements—pre‑interview disclosure, consent, controlled sharing, and deletion on request—and notes growing employer concern over enforcement exposure and integration with broader Illinois anti-discrimination and privacy laws.[3][1] (source)
Related regulations
- Electronic Monitoring Bill — New York, Active
- Delaware Electronic Monitoring Law — Delaware, Active
- Connecticut Electronic Monitoring Law — Connecticut, Active
- Automated Employment Decision Tool Law (AEDT) — New York, Active
- Facial Recognition Privacy Protection Act — Maryland, Active
- Biometric Information Privacy Act (BIPA) — Illinois, Active
Put it into practice
- Generate the policy: NIST AI RMF policy generator (generatepolicy.com)
- Buy the policy pack: NIST AI RMF Implementation Policy (cyberpolicy.shop)
- Build it yourself: Pillar 06 Companion — The 2026 AI Risk Register (ciso.diy)
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