Illinois AI Video Interview Act

October 15th, 2019 | Angela Preston, Senior Vice President and Counsel, Corporate Ethics and Compliance

In August, Illinois Governor Pritzker signed in to law HB 2557 establishing the Artificial Intelligence Video Interview Act (the “Act”). Passed by the state legislature in May, the Act regulates the use of Artificial Intelligence (“AI”) in the hiring process and imposes requirements on Illinois employers who utilize AI video interview processes to evaluate candidates. Employers in the state who utilize AI interviewing must comply with the Act by January 1, 2020.

The requirements of the Act include the following:

• Applicants must be given notice, prior to an interview, if the employer intends to use AI to analyze their video interview and consider their fitness for the position
• Applicants must be provided an explanation, prior to an interview, of how the AI works, and on which characteristics it bases evaluations
• Employers must obtain consent from applicants, prior to the interview, to be evaluated by AI as outlined by the required explanation
• Sharing of the videos is prohibited, unless additional expertise or technology is required to complete a proper evaluation
• Videos, and any backups, must be destroyed upon request from the applicant within 30 days. If any videos were shared per the exception, the employer must instruct the receiving party to destroy in the same timeframe.

The full text of the Act can be found here.

The use of AI to evaluate candidates is part of a growing trend to try to remove bias and increase objectivity in the hiring process. If and when employers begin to use these services, it is critical that they remain abreast of the laws and regulations which govern their use. In addition to the impact on Illinois hiring laws, the links below offer further insight into how and why AI might be used in the hiring process.

1. https://www.cnbc.com/2018/03/13/ai-job-recruiting-tools-offered-by-hirevue-mya-other-start-ups.html
2. https://www.inc.com/minda-zetlin/ai-is-now-analyzing-candidates-facial-expressions-during-video-job-interviews.html
3. https://towardsdatascience.com/your-next-job-interview-may-be-with-an-ai-robot-34dbf4da6340

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The information contained herein is for informational purposes only. Clients are encouraged to consult with their legal counsel on the impact of this new law. Sterling is not a law firm, and none of the information contained in this notice is intended as legal advice.

Sterling is not a law firm. This publication is for informational purposes only and nothing contained in it should be construed as legal advice. We expressly disclaim any warranty or responsibility for damages arising out this information. We encourage you to consult with legal counsel regarding your specific needs. We do not undertake any duty to update previously posted materials.