Illinois AI Video Interview Act: Employer Compliance Guide

By Brendten Eickstaedt — April 29, 2026

Illinois expanded its AI Video Interview Act significantly in 2026. Here's what HB 3773 amendments and Subpart J IDHR rules mean for employer compliance.

In Brief

Original AIPA (2020): Illinois was among the first states to regulate AI in hiring, requiring employer disclosure, explanation, and candidate consent before using AI to analyze video interviews.
HB 3773 (effective January 1, 2026): A 2024 amendment expanded the law dramatically by adding anti-discrimination obligations under the Illinois Human Rights Act for any AI-influenced employment decision, not just video.
Subpart J draft rules (IDHR, 2024 to 2025): The Illinois Department of Human Rights released draft implementation rules requiring proactive notice any time AI influences or facilitates a covered employment decision.
Notice is now a legal floor: Under the Subpart J framework, failing to provide notice is itself a violation of the Illinois Human Rights Act, even if no discrimination occurred.
Scope is intentionally broad: AI use for resume screening, skills assessments, chat-based recruiting bots, and video interview analysis all trigger the notice requirement.
Data deletion rights remain: Candidates still hold the right to request video deletion within 30 days under the original AIPA provisions, which remain in force.
Record retention is 4 years: Draft rules require employers to retain AI notices, disclosures, and related records for four years from creation or until a charge is adjudicated.
Employers have notice debt: Most organizations using AI tools are already in scope and have not issued notices. The gap between current practice and the January 2026 effective date was often ignored.

The Illinois AI Video Interview Act started as a narrow consent requirement for video interviews. By January 1, 2026, it became one of the broadest employer AI notice obligations in the country, covering every AI-influenced employment decision, not just video screens. If your organization uses AI to recruit, screen, score, or evaluate candidates or employees in Illinois, you are likely already behind on compliance. In Brief: - Original AIPA (2020): Illinois was among the first states to regulate AI in hiring, requiring employer disclosure, explanation, and candidate consent before using AI to analyze video interviews. - HB 3773 (effective January 1, 2026): A 2024 amendment expanded the law dramatically by adding anti-discrimination obligations under the Illinois Human Rights Act for any AI-influenced employment decision, not just video. - Subpart J draft rules (IDHR, 2024 to 2025): The Illinois Department of Human Rights released draft implementation rules that require proactive notice any time AI "influences or facilitates" a covered employment decision, including recruitment, hiring, promotion, discipline, and discharge. - Notice is now a legal floor: Under the Subpart J framework, failing to provide notice is itself a violation of the Illinois Human Rights Act, even if no discrimination occurred. - Scope is intentionally broad: AI use for resume screening, skills assessments, chat-based recruiting bots, and video interview analysis all trigger the notice requirement. - Data deletion rights remain: Candidates still hold the right to request video deletion within 30 days under the original AIPA provisions, which remain in force. - Record retention is 4 years: Draft rules require employers to retain AI notices, disclosures, and related records for four years from creation or until a charge is adjudicated. - Employers have "notice debt": Most organizations using AI tools are already in scope and have not issued notices. The gap between current practice and the January 2026 effective date was often ignored. --- ## What Does the Illinois AI Video Interview Act Actually Require? The Illinois AI Video Interview Act (820 ILCS 42/) was enacted in 2020 as one of the first laws in the U.S. to regulate AI in the hiring

This is a free preview. Upgrade to Pro to read the full article.