What is the new AI law in Illinois?

Effective January 1, 2026, amendments to Article 5, Section 2 of the Illinois Human Rights Act (the "IHRA") will prohibit employers from using AI that subjects employees to discrimination on the basis of a protected class.

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Complaint For Employment or Workplace Discrimination and Sexual...

Employment Workplace Discrimination With Ai In Illinois

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Civil Actions - Employment Discrimination

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US-000296

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Plaintiff seeks to recover damages from her employer for employment discrimination and sexual harassment. Plaintiff states in her complaint that the acts of the defendant are so outrageous that punitive damages are due up to and including attorney fees.

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Effective January 1, 2026, amendments to Article 5, Section 2 of the Illinois Human Rights Act (the "IHRA") will prohibit employers from using AI that subjects employees to discrimination on the basis of a protected class.

An AI policy should inform employees whether they are required to seek approval before using AI on the job. Companies may also consider requiring employees to report to their supervisor anytime they use AI for a new purpose or for a new client or customer.

In 2015, Amazon realized that their algorithm used for hiring employees was found to be biased against women. The reason for that was because the algorithm was based on the number of resumes submitted over the past ten years, and since most of the applicants were men, it was trained to favor men over women.

Developers and employers using AI must maintain their compliance with anti-discrimination legal requirements. Developers can minimize disparate or adverse impacts in design by ensuring the data inputs used to train AI systems, and the algorithms and machine learning models, do not reproduce bias or discrimination.

The new law amends the Illinois Human Rights Act (the Act), making it a civil rights violation to (1) use AI that has the effect of subjecting employees to discrimination or to use zip codes as a proxy for protected classes, and (2) fail to notify employees of the employer's use of AI.

No, your employer cannot compel you to do anything. If you feel it's illegal, go to the labor board in your state or talk to the Feds. If you think it's immoral, call up an eager newspaper reporter. If you want to sue, see a lawyer for details.

The technical guidance explains that an employer's use of an algorithmic decision-making tool may be unlawful because (1) the employer does not provide a reasonable accommodation necessary for a job applicant or employee to be rated fairly and accurately by the algorithm; (2) the employer relies on an algorithmic ...

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Illinois Prohibits Discriminatory Artificial Intelligence in Employment Decisions. Illinois HB 3773 requires employers to provide notice to applicants and employees that the employer is using AI for various employment decisions.The prohibition of AIbased employment discrimination. Notice: Employers must provide notice to an employee that the employer is using AI for the purposes described above. Use artificial intelligence in recruitment, hiring, promotion and other employment decisions in a way that subjects employees to discrimination.

Employment Workplace Discrimination With Ai In Illinois

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What is the new AI law in Illinois?

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