New Legislation Regulating Employers’ Interview Procedures

September 4, 2019

On August 9, 2019, Governor Pritzker signed into law, the Illinois Artificial Intelligence Video Interview Act (“Act”)– one of the first laws in the country aimed at regulating the use of artificial intelligence in the employee hiring process. Starting January 1, 2020 Illinois employers will be prohibited from using artificial intelligence to interview prospective employees unless the employer meets specific requirements as specified in the Act.

Many Illinois companies use artificial intelligence programmed with algorithms, to evaluate a potential employee’s video interviews. The programs measure a candidate’s body language, facial expression, word choice or apparent levels of anxiety and nervousness. Companies then use this information in their hiring selection process. Under the Act, even if a company complies with the specific requirements, the company will still be prohibited from using artificial intelligence to evaluate applicants who have not consented to the use of an artificial intelligence analysis.

The Act is one of the Illinois legislature’s many steps to address changing technology in employment law and data privacy. The Act will likely be the first of many pieces of legislation addressing the issue of artificial intelligence in the hiring process.

For information on how the Act may affect your business and for best practice procedures, contact the attorneys at Rock Fusco & Connelly, LLC.