New Laws Against AI in Employment: Illinois Human Rights Act

Source Domain: natlawreview.com

Over the past fifteen years, artificial intelligence (AI) has become embedded in the legal field in ways that were not widely anticipated. While it was initially expected that legal professionals would need to familiarize themselves with AI tools to enhance efficiency in practice, few foresaw the necessity for attorneys to possess an understanding of AI’s technical functions to competently advise clients on the legal ramifications of its use. AI has evolved beyond its routine application which was used to sort large datasets or resolve analytical problems and is now used to autonomously make decisions based on the information presented. Generative AI is capable of generating new content, such as images or text, by learning from data supplied to it. The most popular examples of generative AI, include Chat GPT, Meta AI, Claude and many more that are constantly under development.

In particular, there has been an increase of the use of AI in the employment sector, which has resulted in enhanced and efficient decision-making for many employers, particularly in the areas of recruitment and staff management. Employers are using AI to analyze candidate qualifications and employee performance. These practices are frequently justified on the basis that algorithmic decision-making can reduce human bias and produce objective outcomes. However, the Illinois Legislature has recognized the possibility of the misuse of generative AI and the potential consequences and has responded in kind by regulating its use.

The Illinois General Assembly introduced several proposed bills aimed at establishing regulatory oversight of AI. While none of the proposed bills have yet to be enacted into law, the trajectory suggests that more legislation is forthcoming as AI technologies continue to evolve. This is clear based on the recently amended Illinois Human Rights Act (IHRA).

Effective January 1, 2026, the IHRA prohibits discriminatory employment decisions using AI. The definition of AI…

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