What Illinois HB 3773 - Amendments to Illinois Human Rights Act for AI in Employment (Signed August 9 2024, Effective January 1 2026) requires
Illinois House Bill 3773 was signed by Governor Pritzker on August 9, 2024 and takes effect January 1, 2026. The Bill amends the Illinois Human Rights Act at 775 ILCS 5 to prohibit employer use of artificial intelligence in employment decisions if the use has the effect of subjecting employees or applicants to discrimination on the basis of a protected class. Core provisions: (1) Prohibition on discriminatory AI use - an employer cannot use artificial intelligence that has the effect of subjecting employees or applicants to discrimination on the basis of protected classes (race, colour, religion, sex including pregnancy and sexual orientation, national origin, ancestry, age, marital status, physical or mental disability, military status, sexual harassment, citizenship status, work authorisation status, genetic information, or order of protection status) or that uses zip codes as a proxy for protected class; (2) Notice obligation - an employer must provide notice to employees and applicants that the employer is using AI for the relevant employment purposes including hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, or terms privileges or conditions of employment; (3) Implementing rules - the Illinois Department of Human Rights is directed to adopt rules necessary for implementation and enforcement, with public comment period. Penalties for violation: enforcement under the Illinois Human Rights Act including civil penalties up to USD 5000 per violation, compensatory damages, attorney fees, and injunctive relief. HB 3773 is the broadest US state AI employment discrimination law and expands the Illinois Artificial Intelligence Video Interview Act framework.
Pillar: AI Governance & Law · Authority: Illinois General Assembly - House Bill 3773, 103rd General Assembly, signed by Governor JB Pritzker on August 9, 2024, effective January 1, 2026 · Version: 1.0.0 · Last updated:
Primary source: https://www.ilga.gov/legislation/billstatus.asp?DocNum=3773&GAID=17&GA=103&DocTypeID=HB&SessionID=112
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Primary Citations — 8 traced to source
- Illinois House Bill 3773 (103rd General Assembly), amendments to the Illinois Human Rights Act regarding artificial intelligence in employment, signed by Governor JB Pritzker on August 9, 2024 and effective January 1, 2026
- Illinois HB 3773 prohibition on discriminatory AI: an employer cannot use artificial intelligence that has the effect of subjecting employees or applicants to discrimination on the basis of protected classes under the Illinois Human Rights Act
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