Illinois - HB 3773 Amendment to the Human Rights Act on AI in Employment (2024)

Signed on 9 August 2024 and effective 1 January 2026, HB 3773 (Public Act 103-0804) amends the Illinois Human Rights Act to address artificial intelligence in the workplace. It makes it a civil-rights violation for an employer to use AI that has the effect of subjecting employees to discrimination on the basis of a protected class with respect to recruitment, hiring, promotion, renewal of employment, selection for training, discharge, discipline, tenure or the terms, privileges and conditions of employment. It also prohibits the use of ZIP codes as a proxy for a protected class.

Employers must provide notice to employees when the employer uses artificial intelligence for the enumerated employment decisions, and the Illinois Department of Human Rights is directed to adopt rules on the circumstances and form of that notice. Enforcement follows the standard Human Rights Act process through the Department of Human Rights and the Human Rights Commission, with available remedies including damages and injunctive relief.