Blog Post

Written by
Holistic AI
June 6th, 2022
What You Need to Know About the Illinois Artificial Intelligence Video Interview Act
2 hands touching the keyboard of a laptop with a video interview in progress

On 1st January 2020, the Artificial Intelligence Video Interview Act came into effect in Illinois, affecting employers who use artificial intelligence to analyse video interviews of job applicants. Below we identify the key requirements of the legislation.

  • An employer using AI-analysed video interviews must do the following before applicants are asked to submit their interviews:
    1. Notify the applicant that AI may be used to analyse the interview and assess their suitability for the position
    2. Provide information relating to how the AI works and the types of characteristics that will be used to evaluate candidates
    3. Obtain consent from the applicant to be evaluated using AI in the ways described in the prior information
  • Video interviews must not be shared with anyone other than those whose expertise or technology is needed to evaluate the interview
  • When requested by the applicant, employers must delete an applicant’s interview(s) within 30 days. Any other parties who have a copy of the video interview must also delete the video, including any backups.
  • Employers relying solely on AI to analyse video interviews must collect and report:
    1. The race and ethnicity of applicants who are and are not selected for an in-person interview after the initial video interview
    2. The race and ethnicity of applicants who are hired
  • This demographic data must be reported to the Department of Commerce and Economic Opportunity annually by December 31 and should include the data collected in the 12-month period ending on November 30 preceding the filing of the report
  • The Department must analyse this data and report to the Governor and General Assembly by July 1 of each year whether the data discloses a racial bias in the use of artificial intelligence
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