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Illinois AI hiring laws and Hello Recruiter

Notice, consent and 30-day video deletion built in

Illinois has two laws on AI in hiring: the Artificial Intelligence Video Interview Act, in force since 2020, and an amendment to the Illinois Human Rights Act (HB 3773), in force since January 1, 2026. Hello Recruiter handles the notice, explanation and consent the video act requires, deletes interview videos on request, and was independently tested for bias across Illinois’ protected classes.

At a glance

AI Video Interview ActHuman Rights Act AI amendment
Citation820 ILCS 42Public Act 103-0804 (HB 3773), amending 775 ILCS 5/2-102
Applies toEmployers that use AI to analyze recorded video interviews for positions based in IllinoisEmployers covered by the Illinois Human Rights Act that use AI in recruitment, hiring, promotion and other employment decisions
In effectJanuary 1, 2020January 1, 2026
Enforced byNot specified in the ActIllinois Department of Human Rights and Human Rights Commission
Hello Recruiter statusSupported: notice, explanation, consent and deletion built inSupported: independent bias audit covering Illinois (October 2026)

Last reviewed: October 2026

What the law requires

AI Video Interview Act

An employer that uses AI to analyze video interviews for Illinois-based positions must:

  1. Tell each applicant before the interview that AI may be used to analyze it and consider their fitness for the role.
  2. Explain before the interview how the AI works and what general types of characteristics it uses to evaluate applicants.
  3. Get the applicant’s consent before the interview. AI can’t be used to evaluate an applicant who hasn’t consented.
  4. Share videos only with people whose expertise or technology is needed to evaluate the applicant.
  5. Delete the applicant’s interviews within 30 days of their request, including copies and backups, and tell anyone who received copies to delete them too.
  6. If AI analysis alone decides who gets an in-person interview, collect race and ethnicity data on applicants who are and aren’t advanced, and on those hired, and report it every year to the Illinois Department of Commerce and Economic Opportunity.

Human Rights Act AI amendment

Since January 1, 2026, it is a civil rights violation in Illinois to:

  • Use AI that has the effect of discriminating on a protected basis in recruitment, hiring, promotion or other employment decisions.
  • Use ZIP codes as a proxy for a protected class.
  • Use AI in those decisions without giving notice. The Department of Human Rights proposed rules on how to give notice in May 2026 and withdrew them in June 2026, but the duty to give notice still applies.

How Hello Recruiter helps you comply

What the law requiresWhat Hello Recruiter doesWhat your team does
Video ActNotice before the interviewTells candidates before the interview starts that an AI interviewer leads it and that AI will evaluate it.Nothing extra; you can repeat it in your invitation.
Video ActExplain how the AI worksShows candidates a plain-language explanation: the AI scores what they say against the job’s criteria, and it doesn’t analyze faces, voice, tone or emotion.Check that the job’s criteria are the ones you want described.
Video ActConsentAsks for consent before the interview and records it in a consent ledger. Without consent, there’s no AI evaluation.Offer candidates who decline a human-led interview, and score it with a manually entered scorecard.
Video ActLimited sharingInterview videos are available only to your organization’s users and to the sub-processors in our DPA that host and process them.Limit access to people involved in the decision.
Video ActDelete within 30 days of a requestDeletes interview videos and their copies within 30 days of a request. By default, recordings are deleted after 90 days anyway.Pass deletion requests on promptly and tell anyone you shared copies with.
Video ActDemographic reporting if AI alone decidesDoesn’t decide who advances. AI results go to your team in the Human Review Center.Keep a person deciding who advances. If you don’t, you must report to the state.
Human Rights ActNo discriminatory effectIndependent bias audit across Illinois protected classes; lowest impact ratio 0.985. Demographic data is never used in scoring.Set criteria that are related to the job, and watch your own outcomes.
Human Rights ActNo ZIP code proxiesScores candidates against the criteria your recruiters set. The independent bias audit tested race/ethnicity and national origin and found no evidence of bias.Don’t add location criteria that could stand in for a protected class.
Human Rights ActNotice of AI useDiscloses AI use to every candidate. You can start from the candidate notice on our NYC page.Give Illinois applicants and employees notice, and watch for the Department’s rules.

Common questions

  • Does the Illinois AI Video Interview Act apply to Hello Recruiter’s AI interviews?

    If you hire for Illinois-based roles and Hello Recruiter’s AI evaluates the interview, plan as if it does. Hello Recruiter’s notice, explanation, consent and deletion steps are built for the Act.

  • What characteristics does Hello Recruiter’s AI evaluate in an interview?

    Only what the candidate says, measured against the skills and competencies your recruiters set for the job. It doesn’t analyze facial expressions, voice, tone or emotion.

  • How does a candidate get their interview video deleted?

    They ask the employer. Hello Recruiter deletes the video and its copies within 30 days of the request.

  • Does Illinois HB 3773 require a bias audit?

    No. It bans AI that has a discriminatory effect and requires notice. An independent bias audit, like Hello Recruiter’s, is evidence that you checked.

  • What notice does HB 3773 require?

    Notice that AI is used in employment decisions. Illinois withdrew its proposed rules on timing and format in June 2026, so give clear notice during the application process until final rules arrive.

  • Do we have to report demographic data to Illinois?

    Only if AI analysis alone decides who gets an in-person interview. With Hello Recruiter, your people decide who advances.

See the audit paperwork

Our bias audit report and security documents are on the trust center.

Other AI hiring laws

This page explains how Hello Recruiter supports compliance. It is not legal advice. Your obligations depend on where you hire and how you use Hello Recruiter, so confirm them with your counsel. If this page differs from our legal documents, the documents govern.

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