Illinois AI Video Interview Act (AIVIA) — duplicate of illinois_aaia, retained for code compatibility: AI Compliance Requirements
Illinois AIVIA (820 ILCS 42, effective January 1, 2020) requires employers to notify applicants before using AI to analyze video interviews, obtain consent, explain how the AI works, and limit data sharing. The 2024 expansion (HB 3773 / Public Act 103-0804, amending 775 ILCS 5/2-102, effective January 1, 2026) extends notice and anti-discrimination duties to AI used in any employment decision, not just video. CYCLE 4 CORRECTION (2026-08-22): this entry covers the identical statutes as the `illinois_aaia` jurisdiction entry (same AIVIA + same HB 3773) — it is NOT a legally distinct scope; a prior claim that it was "distinct from AAIA" was fabricated (no such separately-named act exists) and has been removed. Retained under this separate code only because it is wired into applicability/display/i18n surfaces outside the jurisdiction registry itself; see `illinois_aaia` for the more deeply structured version of the same obligations.
Summary of publicly-available regulatory text as of 2026-08-23. Verify against current official sources before relying on this for compliance decisions. Not legal advice.
Key Facts
January 1, 2020
Original AIVIA notice/consent provisions: no self-contained civil-fine schedule found in the sections verified (820 ILCS 42/5, 42/10, 42/20) — same finding as `illinois_aaia`, reused rather than re-derived. The previously stated "$500 first violation / $1,000-$1,500 repeat" figure was New York City Local Law 144's penalty structure, not Illinois's (identified as cross-jurisdiction contamination in Cycle 2/R494 on the sister entry; same fabrication was present here and is now removed). 2024 discrimination-effect provisions (HB 3773, 775 ILCS 5/2-102): enforced via Illinois Department of Human Rights administrative complaint under IHRA remedies (actual damages, reinstatement/back pay, attorney's fees) — not a flat per-violation fine.
What Your Business Must Do
3 compliance requirements identified. Critical requirements carry the highest risk of enforcement action.
Video Interview AI Notice & Consent
CriticalBefore using AI to evaluate video interviews: (1) Notify applicants that AI will be used and how. (2) Explain what characteristics the AI evaluates. (3) Obtain written or electronic consent. Applicants may not be required to submit if they do not consent.
Deadline: January 1, 2020
820 ILCS 42/5Interview Video Data Deletion
High PriorityDelete applicant video recordings and any AI analysis results within 30 days of a deletion request. Do not share video data with third parties except for the sole purpose of providing the AI evaluation service.
AI Hiring Bias Assessment (2024 Expansion)
High PriorityAIVIA §20 (820 ILCS 42/20): an employer that relies SOLELY on AI analysis of a video interview to decide whether to advance an applicant must collect race/ethnicity data and report annually by December 31 to the Illinois Department of Commerce and Economic Opportunity (DCEO) — not the IL Department of Labor as previously stated here (corrected; DCEO is the receiving agency per 820 ILCS 42/20). Separately, HB 3773 (775 ILCS 5/2-102, in force since January 1, 2026) prohibits AI use in employment decisions that produces a discriminatory effect on a protected class, administered by IDHR.
Deadline: January 1, 2026
820 ILCS 42/20 (AIVIA demographic reporting) + 775 ILCS 5/2-102 (as amended by HB 3773 (2024))Who Does This Apply To?
Applies to: any employer that uses AI to analyze video interviews of applicants for positions based in Illinois (AIVIA, eff. 2020), and — under the 2024 Illinois Human Rights Act amendments (HB 3773 / Public Act 103-0804, eff. Jan 1, 2026) — any employer using AI in recruitment, hiring, promotion, discipline, discharge, or other employment decisions affecting Illinois applicants or employees. The Illinois Human Rights Act's employment provisions generally reach employers with one or more employees in Illinois, so there is effectively no size floor. Triggers: (a) AIVIA — using AI to evaluate video interviews requires pre-use notice, an explanation of what the AI evaluates, and applicant consent, plus deletion of recordings within 30 days of request; (b) the HRA amendments prohibit AI use that produces a discriminatory effect on a protected class, bar using ZIP code as a proxy for a protected class, and require notice when AI is used in covered employment decisions. CYCLE 4 CORRECTION (2026-08-22): "Administered by the Illinois Department of Labor (AIVIA)" removed — verified (gridex.dev, corroborating illinois_aaia's own R495 finding) that AIVIA names no administering enforcement agency and its §20 demographic-report data goes to DCEO, not IDOL; same IDOL-misattribution pattern already caught and fixed on the sister illinois_aaia entry. HRA amendments (HB 3773) are administered by the Illinois Department of Human Rights. The leading enforcement model is EEOC v. iTutorGroup (federal ADEA, $365,000 settlement, verified this cycle).
Recent Enforcement Actions
Against:
Recent Regulatory Guidance
Illinois Department of Human Rights — Legislative Updates page (references AI-in-employment regulation)
IDHR's legislative-updates page references "regulations on artificial intelligence in employment (addressing how technology can perpetuate bias)" without naming HB 3773/PA 103-0804 specifically or stating rulemaking status. For the underlying statute and effective date, see the HB 3773 signing entry on the illinois_aaia jurisdiction (Public Act 103-0804, signed 2024-08-09, effective 2026-01-01).
Key Case Law & Precedent
Mobley v. Workday, Inc. (N.D. Cal., Case No. 3:23-cv-00770-RFL)
US District Court, Northern District of California · 2023Federal court allowed disparate-impact claims to proceed against Workday as the AI-hiring tool vendor (not just employers using it). Establishes that AI vendors themselves can be liable for algorithmic discrimination — a doctrine directly relevant to Illinois's AI-in-employment regime under HB 3773 (Public Act 103-0804), which reaches AI tools used in hiring and promotion decisions.
Outcome: CYCLE 25 CORRECTION (docket-ID census): the prior sourceUrl cited CourtListener docket 67603253, which does not correspond to this case per fresh web verification — the canonical docket for Mobley v. Workday, Inc., 3:23-cv-00770 (N.D. Cal.), cited consistently across four sibling entries (colorado_ai_act, nyc_local_law_144, michigan_no_ai_law, new_york_state_general), is 66831340. This entry's outcome text was also stale (last updated only through the March 2026 ADEA ruling, never receiving Cycle 9/10's propagation fix that reached the other five entries). July 12, 2024: order granted in part/denied in part Workday's motion to dismiss (rejected the "employment agency" theory; denied dismissal of disparate-impact claims). 2025-05-16: preliminary ADEA collective certified. March 2026: order rejected Workday's ADEA-applicant-coverage argument. 2026-06-22: Judge Rita F. Lin denied in part/granted in part Workday's motion to dismiss the Third Amended Complaint — FEHA claims and one plaintiff's ADA proxy-discrimination claim survive; other counts dismissed with leave to amend. Still NOT settled; case in discovery, no trial date set — do not describe this case as "settled."
Case referenceFrequently Asked Questions
Does Illinois AI Video Interview Act (AIVIA) — duplicate of illinois_aaia, retained for code compatibility apply to my business?
Illinois AIVIA (820 ILCS 42, effective January 1, 2020) requires employers to notify applicants before using AI to analyze video interviews, obtain consent, explain how the AI works, and limit data sharing. The 2024 expansion (HB 3773 / Public Act… Use Aegis Firma's free scanner to get a personalized assessment in under 5 minutes.
What is the penalty for non-compliance?
The maximum penalty under Illinois AI Video Interview Act (AIVIA) — duplicate of illinois_aaia, retained for code compatibility is: Original AIVIA notice/consent provisions: no self-contained civil-fine schedule found in the sections verified (820 ILCS 42/5, 42/10, 42/20) — same finding as `illinois_aaia`, reused rather than re-derived. The previously stated "$500 first violation / $1,000-$1,500 repeat" figure was New York City Local Law 144's penalty structure, not Illinois's (identified as cross-jurisdiction contamination in Cycle 2/R494 on the sister entry; same fabrication was present here and is now removed). 2024 discrimination-effect provisions (HB 3773, 775 ILCS 5/2-102): enforced via Illinois Department of Human Rights administrative complaint under IHRA remedies (actual damages, reinstatement/back pay, attorney's fees) — not a flat per-violation fine.. Fines are typically scaled by company size, severity of violation, and whether violations were willful or accidental.
How do I comply with Illinois AI Video Interview Act (AIVIA) — duplicate of illinois_aaia, retained for code compatibility?
The 3 requirements above cover the core obligations. The fastest path to compliance is: (1) conduct an AI risk assessment, (2) document your AI systems, (3) implement transparency disclosures where required. Aegis Firma generates all required documents automatically.
Official Source
https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=4203&ChapterID=68Last updated: 2026-08-23 — verify at source before relying on this information.
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