Illinois Proposes Specific Notice Requirements for Employers Who Use AI in Hiring and Employment Decisions | BakerHostetler
https://www.jdsupra.com/legalnews/illinois-proposes-specific-notice-2561915/
Publish Date: 2026-06-04 14:55:00
Source Domain: www.jdsupra.com
On May 15, 2026, the Illinois Department of Human Rights (IDHR) introduced proposed regulations that would specify how employers must give notice to workers when they use artificial intelligence (AI) in hiring or employment decisions.
Public Act 103-084, which went into effect on Jan. 1, 2026, as part of the Illinois Human Rights Act (Act), requires employers to give notice to workers when using AI “with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, or the terms, privileges, or conditions of employment.” It also establishes civil rights violations against employers whose use of AI in employment decisions “has the effect of subjecting employees to discrimination” based on protected class or ZIP code. However, the legislature delegated authority to the IDHR to promulgate regulations fleshing out the notice requirement. These newly proposed amendments broadly instruct when notice would be required and what information employers would need to include.
Using computer-based assessments for measuring a worker’s aptitude or personality, screening resumes, directing job advertisements to targeted groups, analyzing data received from third parties concerning prospective or current employees, and monitoring productivity are some examples outlined in the proposed regulations that would trigger required notice requirements.
For prospective hires, employers that use AI in covered employment decisions would need to provide notice of that in the job posting. For current employees, the employer would be required to provide notice of AI usage – on an annual basis and within 30 days of adopting any new AI solution – in the employee handbook, manual or policy document and at a “conspicuous location” both on the employer’s website and at a physical location where the organization’s notices are usually posted.
The notice would need to specify which AI system is…
