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ARTICLE · 17 SEPTEMBER 2024

Illinois Enacts Artificial Intelligence Legislation Affecting Employment Practices

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Illinois Governor JB Pritzker recently signed HB 3773 into law, amending the Illinois Human Rights Act (the "Act") to regulate the use of artificial intelligence (AI) in employment practices.

United StatesTechnology
Richard B. Harper
Richard B. Harper
Claire M. Mahoney
Claire M. Mahoney
Scott Nelson
Scott Nelson

Illinois Governor JB Pritzker recently signed HB 3773 into law, amending the Illinois Human Rights Act (the "Act") to regulate the use of artificial intelligence (AI) in employment practices. Amendments to the Act, which were enacted August 9, 2024, but do not take effect until January 1, 2026, prohibit the use of AI in a manner that results in illegal discrimination in employment decisions. Clients who use any automated tools to make employment-related decisions in Illinois should be familiar with this law as they formulate and implement policies regarding the use of AI in employment decisions.

The Act defines AI broadly, covering the use of both (1) traditional AI—"a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments"—and (2) generative AI—"an automated computing system that, when

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