Illinois Governor JB Pritzker has signed into law the Artificial Intelligence Video Interview Act (the “Act”), a first-of-its-kind measure that places restrictions on when a covered employer is permitted to use artificial intelligence (AI) to analyze an applicant’s video interview.
Approved overwhelmingly by the Illinois legislature on May 29, 2019, the brief two-page Act places an affirmative duty on Illinois employers to obtain an applicant’s consent before asking the person to complete a video interview that uses AI to assess such things as the applicant’s responses, facial expressions, and fitness for the positon. The Act is scheduled to go into effect on January 1, 2020.
The Act is short on details, including precisely who is covered, how it will be enforced and by whom, and what the penalties and remedies are for violations. It also could potentially conflict with an employer’s duty to retain records required by federal recordkeeping regulations enforced by the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs (OFCCP), a scenario which is not addressed by the new law.
A copy of Illinois’s Artificial Intelligence Video Interview Act can be found online.
Members of the Center for Workplace Compliance (CWC) can read more here.