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Illinois AI Video Interview Act: Compliance for Employers Using AI to Screen Applicants
In effect Primary law: AI Video Interview Act · 820 ILCS 42/1 et seq.
If your company asks Illinois job applicants to record video interviews and you use AI to analyze them — scoring tone, word choice, facial expressions, or other traits — the Illinois Artificial Intelligence Video Interview Act applies. In effect since January 1, 2020, it was one of the first US laws aimed specifically at AI in hiring. It imposes notice, explanation, consent, sharing-limitation, and deletion duties, and adds a demographic-reporting obligation for employers who rely on AI as the sole screening basis.
What the law requires
- Tell applicants before the interview. Notify each applicant, before the interview, that AI may be used to analyze their video interview and consider them for the position.
- Explain how the AI works. Provide information explaining how the AI works and what general types of characteristics it uses to evaluate applicants.
- Get consent. Obtain the applicant's consent to be evaluated by the AI program before using it.
- Limit sharing and delete on request. Share videos only with persons whose expertise/technology is necessary to evaluate the applicant, and — on the applicant's request — delete the videos (and instruct others to) within 30 days.
- Report demographics if AI is the sole basis. Employers who rely solely on AI analysis to decide whether an applicant advances to an in-person interview must collect and report applicant race/ethnicity data to the state.
Who must comply
Employers that ask applicants for Illinois-based positions to submit video interviews and use AI to analyze those interviews. The duties run to the applicant for the Illinois job, so where the employer is headquartered does not control. Note the statute does not specify an express enforcement mechanism, but the duties are mandatory and overlap with BIPA and federal anti-discrimination law.
Penalties & enforcement
The Act does not specify an express enforcement mechanism or its own penalty schedule. However, AI video interviews that capture facial or voice templates can trigger BIPA (with its $1,000–$5,000 per-violation private right of action), and AI screening that produces discriminatory outcomes can trigger federal Title VII / ADA liability — so the practical exposure is real even though the Act itself is light on enforcement language.
How to comply: a practical checklist
- Add a pre-interview notice telling Illinois applicants that AI may analyze their video interview.
- Provide a plain-language explanation of how the AI works and the general characteristics it evaluates.
- Capture explicit applicant consent before any AI evaluation runs.
- Restrict who can access the videos to those whose expertise/technology is necessary to evaluate the applicant.
- Build a deletion workflow that removes videos within 30 days of an applicant's request and instructs any recipients to do the same.
- If AI analysis is your sole basis for advancing applicants, collect and report the required race/ethnicity demographic data to the state — and layer in BIPA consent if the tool captures biometrics.
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Every claim above traces to one of these verified entries in our index. Each links to its full record and its official source. Status labels reflect the live dataset as of 2026-06-17.
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In effect Limited protection
AI Video Interview Act
Illinois · Effective 2020-01-01 · 820 ILCS 42/1 et seq.
Employers using AI to analyze video interviews of Illinois job applicants must tell applicants beforehand, explain how the AI works, get consent, limit video sharing, and delete videos on request within 30 days. Employers relying solely on AI screening must report applicant demographic data to the state.
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In effect Stronger protection
BIPA
Illinois · Effective 2008-10-03 · 740 ILCS 14/1 et seq.
The strongest US biometric privacy law: companies must get written consent before collecting fingerprints, face scans, voiceprints, or other biometrics, publish retention/destruction policies, and cannot sell biometric data. Individuals can sue directly and recover $1,000–$5,000 per violation, which has produced major settlements against facial recognition and AI companies.
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In effect Stronger protection
NYC AEDT Bias Audit Law (LL 144)
New York City, NY · Effective 2023-01-01 · NYC Local Law 144 of 2021; NYC Admin. Code §§ 20-870 to 20-874
Employers and employment agencies in New York City may not use AI hiring or promotion tools unless the tool has passed an independent bias audit within the past year. Job candidates must be told an automated tool is being used and can request information about the data it relies on.
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In effect Moderate protection
EEOC AI Title VII Guidance
United States · Effective 2023-05-18 · EEOC TA (May 18, 2023)
EEOC guidance applying Title VII disparate-impact analysis to AI hiring tools. Employers are liable for discriminatory outcomes even when the tool is built by a vendor.
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