Illinois AI Video Interview Act: What Employers Must Know
Illinois passed the first AI hiring law in the US in 2020. The AI Video Interview Act requires consent and disclosure when AI analyzes video interviews. A separate 2024 law, HB 3773, layers AI anti-discrimination duties onto the Illinois Human Rights Act starting January 1, 2026. If you use HireVue, Pymetrics, or any similar tool in Illinois, you need to read this.
Original law: January 2020. Related law: HB 3773, in force January 1, 2026
The original AIVIA (820 ILCS 42) came into force January 1, 2020 and has not itself been amended since. A separate statute, HB 3773 (signed August 9, 2024), amends the Illinois Human Rights Act to add AI anti-discrimination duties across the employment lifecycle, effective January 1, 2026. If your AIVIA compliance dates from 2020-2025, you also need a separate Human Rights Act review before that date.
What the Law Covers
The Illinois AI Video Interview Act applies when an employer uses AI to analyze video interview recordings to assess candidates' fitness for a position. “Artificial intelligence” under the law means systems that use machine learning, natural language processing, or artificial intelligence to analyze a video to identify a candidates' fitness for a position.
This covers:
Covered — AIVIA applies
- AI scoring facial expressions, tone of voice, word choice
- Emotion recognition in video interviews
- Automated personality assessment from video
- AI-generated competency scores from recorded interviews
- Tools like HireVue's language/behavioral analysis features
Not covered — AIVIA may not apply
- Video interviews with no AI analysis (human review only)
- Video used purely for scheduling, no AI scoring
- Live video interviews (not recorded for AI analysis)
- Video resume storage without AI assessment
The Core Requirements (Original 2020 Law)
Notify the candidate
Before the video interview, notify the candidate that AI may be used to analyze the video and assess their fitness for the position. This must be done before the interview, not after.
Explain how AI works (general description)
Provide a general description of how the AI works and what general types of characteristics it uses to evaluate candidates. Not the specific model or algorithm — a general description of what the AI evaluates.
Obtain consent
Get written consent from the candidate before the interview. The candidate must consent to being analyzed by AI. This consent cannot be buried in general terms of service.
Delete video on request
Upon request from the candidate, delete the video within 30 days. Also delete all AI analysis data derived from the video. This applies even after the hiring process concludes.
Limit sharing
Do not share the video with anyone other than those whose expertise is necessary to evaluate the candidate's fitness for a position, or a vendor providing AI evaluation services.
HB 3773 (2024): A Separate Law, Not an AIVIA Amendment
HB 3773, signed August 9, 2024 and effective January 1, 2026, does not amend AIVIA itself — it amends the Illinois Human Rights Act to add AI-specific anti-discrimination duties that apply across the employment lifecycle, not just video interviews:
Discriminatory-effect prohibition
Employers may not use AI that has a discriminatory effect on employees or applicants based on a protected class under the Illinois Human Rights Act. This applies to recruitment, hiring, promotion, renewal, selection for training, discharge, discipline, tenure, and other employment terms — not only video interviews.
ZIP code proxy-discrimination ban
Employers may not use ZIP codes as a proxy for protected characteristics in AI-driven employment decisions.
Notice of AI use
Employers must notify employees and applicants when AI is used for covered employment decisions. This notice duty and the discrimination ban apply as a matter of the statute itself, regardless of implementing rules: IDHR published draft rules ("Subpart J: Use of Artificial Intelligence in Employment") on May 15, 2026, then withdrew them on June 2, 2026 for further inter-agency review, with no date yet set for revised rules.
Penalties and Enforcement
AIVIA itself (820 ILCS 42) contains no standalone monetary-penalty or civil-fine schedule. It creates compliance duties — notice, consent, deletion on request, and an annual demographic-reporting obligation to the Illinois Department of Commerce and Economic Opportunity (Section 20) — without attaching a dollar figure to a violation. HB 3773, the separate 2026 Human Rights Act amendment, is enforced through the existing Illinois Human Rights Act framework rather than a flat per-violation table.
| Law | Enforcement mechanism |
|---|---|
| AIVIA — notice, consent, deletion (820 ILCS 42) | No monetary-penalty section; Section 20 annual demographic reporting to DCEO |
| HB 3773 — AI discrimination (Human Rights Act, eff. 2026) | Illinois Department of Human Rights: cease-and-desist orders, actual damages, back pay, reinstatement, attorney/expert fees, civil penalties that scale with prior adjudicated violations |
No flat per-violation dollar figure — don't rely on one
Unlike NYC Local Law 144 (flat $500-$1,500 civil penalties enforced by DCWP), AIVIA sets no equivalent dollar amount. HB 3773 took effect January 1, 2026 and is already enforceable by statute, but IDHR's proposed implementing rules were withdrawn June 2, 2026 for further review with no republication date announced — so the civil-penalty scale for HB 3773 violations is not yet fixed by rule either. Treat both laws as real compliance and litigation exposure even though neither currently publishes a simple per-violation price tag some AI-hiring guidance implies.
Practical action checklist
Audit all video interview tools — does the vendor use AI analysis?
Update pre-interview disclosure to include AI notification, general description, AND specific characteristics assessed (2024 addition)
Obtain written consent before any AI-analyzed video interview
Document how long videos are retained — inform candidates in advance
Build a deletion process: candidate request → delete video AND all derived AI data within 30 days
Review vendor agreements — ensure they are not sharing data beyond evaluation purposes
Track HB 3773 (eff. Jan 1, 2026): audit AI tools used anywhere in the employment lifecycle for discriminatory effect and ZIP-code proxy use, not just video interviews
Check your hiring AI compliance across all jurisdictions
Illinois AIVIA, NYC Local Law 144, Colorado AI Act, EU AI Act Annex III. Aegis Firma maps your AI hiring tools to the correct requirements in each jurisdiction.