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AIVIA
The Illinois AI Video Interview Act requires employers using AI to analyse applicant video interviews to give notice, explain the technology, obtain consent, limit sharing, and delete videos within 30 days of a request.
Enacted in 2019 and effective 1 January 2020, the Artificial Intelligence Video Interview Act was among the first US laws to address AI in hiring. It applies to employers that ask applicants to record video interviews and use an artificial-intelligence analysis of the applicant-submitted videos as part of the evaluation for a position based in Illinois. Before doing so, the employer must notify the applicant that AI may be used, provide information on how the AI works and the general types of characteristics it uses to evaluate applicants, and obtain the applicant's consent.
Employers may share the videos only with persons whose expertise or technology is necessary to evaluate the applicant, and must, on request, delete an applicant's video within 30 days and instruct any recipients to do the same. A 2022 amendment requires employers that rely solely on AI analysis to determine whether an applicant advances to an in-person interview to collect and report applicant race and ethnicity data to the Illinois Department of Commerce and Economic Opportunity, which analyses the data for racial bias.
Applicants must be notified before the interview that AI may be used to analyse the video and be told how the AI works and the general characteristics it evaluates.
The employer must obtain the applicant's consent to be evaluated by the AI program before using it.
Videos may be shared only with persons whose expertise or technology is necessary to evaluate the applicant.
On an applicant's request, the employer must delete the video within 30 days and direct any recipients to delete their copies.
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Employers relying solely on AI to decide who advances to an in-person interview must collect and report applicant race and ethnicity data to the state for bias analysis.