Yes, but Illinois HB-3773 requires explicit candidate consent, disclosure of AI use, and annual reporting of AI-driven employment decisions.
Applicable Regulations
Expands existing AI Video Interview Act to cover broader AI-driven employment decisions. Requires consent and disclosure for AI analysis.
Key Requirements
Consent Requirement Obtain explicit consent before AI analysis of candidates
Data Retention Follow data retention limits for AI-processed data
Annual Reporting Report AI usage in employment decisions annually
Effective: 2025-01-01 Penalties: Enforcement by Illinois Attorney General. Civil penalties of up to $500 per negligent violation and $2,500 per intentional violation.
Industry Context
HR & Recruiting Firms
Staffing agencies, recruiting firms, and HR technology providers that use AI for candidate sourcing, resume screening, interview analysis, and employment decision support. These firms face heightened regulatory scrutiny because AI in hiring directly affects individuals' economic opportunities.
Typical Compliance Gaps
No bias audit or disparate impact testing of hiring AI tools
No applicant notification that AI is used in screening or scoring
Lack of documentation linking AI outputs to adverse employment decisions
Unaware of AI exclusion endorsements in EPL or E&O policies
Disclaimer: This content is provided for informational purposes only and does not constitute legal advice. AI regulations and insurance policy terms change frequently. Consult with a qualified attorney or insurance professional for advice specific to your situation. Gridex makes no warranties regarding the accuracy or completeness of this information.