As used in this Act: "Automated decision-making systemAutomated decision-making system"Automated decision-making system" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human review, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making system" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State.Section 5" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human reviewMeaningful human review"Meaningful human review" means review, oversight, and control of the automated decision-making process by one or more individuals who: (1) understand the risks, limitations, and functionality of the automated decision-making system, including potential biases, errors, discrepancies, or inaccuracies; (2) are trained to use the automated decision-making system within the limitations of this Act; (3) have authority to intervene or alter the decision under review, if an output is suspected to be invalid, inaccurate, or discriminatory or otherwise in violation of this Act and shall reject the output if it cannot be independently corroborated; and (4) have adequate time and resources to review and evaluate the system in accordance with Section 15. For the purposes of this definition, "review, oversight, and control" include: (1) reviewing decisions based, in whole or in part, on data collected through electronic monitoring; (2) verifying that the information is accurate and current; (3) reviewing employee requests to correct erroneous data; (4) exercising independent judgment in making each decision; and (5) consideration of information other than that collected through electronic monitoring, such as supervisory or managerial evaluations, personnel files, employee work products, or peer reviews.Section 5, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making systemAutomated decision-making system"Automated decision-making system" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human review, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making system" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State.Section 5" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State. "DepartmentDepartment"Department" means the Department of Labor.Section 5" means the Department of Labor. "DirectorDirector"Director" means the Director of Labor.Section 5" means the Director of Labor. "EmployeeEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5" means any person employed by a public bodyPublic body"Public body" has the meaning set forth in the Prevailing Wage Act.Section 5, State agencyState agency"State agency" means any department, public authority, board, bureau, commission, division, office, council, committee, or officer of this State.Section 5, or any entity acting on behalf of a State agencyState agency"State agency" means any department, public authority, board, bureau, commission, division, office, council, committee, or officer of this State.Section 5, including, but not limited to, contractors and subcontractors. "EmployerEmployer"Employer" means a public body or any entity acting on behalf of a public body, including, but not limited to, contractors and subcontractors.Section 5" means a public bodyPublic body"Public body" has the meaning set forth in the Prevailing Wage Act.Section 5 or any entity acting on behalf of a public bodyPublic body"Public body" has the meaning set forth in the Prevailing Wage Act.Section 5, including, but not limited to, contractors and subcontractors. "Independent auditorIndependent auditor"Independent auditor" means a person or entity that conducts an impact assessment of an automated decision-making system in a manner that exercises objective and impartial judgment on all issues in the scope of the evaluation or assessment.Section 5" means a person or entity that conducts an impact assessment of an automated decision-making systemAutomated decision-making system"Automated decision-making system" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human review, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making system" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State.Section 5 in a manner that exercises objective and impartial judgment on all issues in the scope of the evaluation or assessment. "Interested partyInterested party"Interested party" means an employee with an interest in compliance with this Act, or an exclusive bargaining representative of an employee.Section 5" means an employeeEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5 with an interest in compliance with this Act, or an exclusive bargaining representative of an employeeEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5. "Material changesMaterial changes"Material changes" include any enhancements, modifications, upgrades, or updates which add new features or functionality to the automated decision-making system, or which would broaden or modify the applicability of the system that may change the outcome or effect of the system, but does not include routine maintenance, updates to improve security, fix bugs, and minor enhancements to existing features.Section 5" include any enhancements, modifications, upgrades, or updates which add new features or functionality to the automated decision-making systemAutomated decision-making system"Automated decision-making system" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human review, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making system" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State.Section 5, or which would broaden or modify the applicability of the system that may change the outcome or effect of the system, but does not include routine maintenance, updates to improve security, fix bugs, and minor enhancements to existing features. "Meaningful human reviewMeaningful human review"Meaningful human review" means review, oversight, and control of the automated decision-making process by one or more individuals who: (1) understand the risks, limitations, and functionality of the automated decision-making system, including potential biases, errors, discrepancies, or inaccuracies; (2) are trained to use the automated decision-making system within the limitations of this Act; (3) have authority to intervene or alter the decision under review, if an output is suspected to be invalid, inaccurate, or discriminatory or otherwise in violation of this Act and shall reject the output if it cannot be independently corroborated; and (4) have adequate time and resources to review and evaluate the system in accordance with Section 15. For the purposes of this definition, "review, oversight, and control" include: (1) reviewing decisions based, in whole or in part, on data collected through electronic monitoring; (2) verifying that the information is accurate and current; (3) reviewing employee requests to correct erroneous data; (4) exercising independent judgment in making each decision; and (5) consideration of information other than that collected through electronic monitoring, such as supervisory or managerial evaluations, personnel files, employee work products, or peer reviews.Section 5" means review, oversight, and control of the automated decision-making process by one or more individuals who: (1) understand the risks, limitations, and functionality of the automated decision-making systemAutomated decision-making system"Automated decision-making system" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human review, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making system" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State.Section 5, including potential biases, errors, discrepancies, or inaccuracies; (2) are trained to use the automated decision-making systemAutomated decision-making system"Automated decision-making system" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human review, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making system" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State.Section 5 within the limitations of this Act; (3) have authority to intervene or alter the decision under review, if an output is suspected to be invalid, inaccurate, or discriminatory or otherwise in violation of this Act and shall reject the output if it cannot be independently corroborated; and (4) have adequate time and resources to review and evaluate the system in accordance with Section 15. For the purposes of this definition, "review, oversight, and control" include: (1) reviewing decisions based, in whole or in part, on data collected through electronic monitoring; (2) verifying that the information is accurate and current; (3) reviewing employeeEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5 requests to correct erroneous data; (4) exercising independent judgment in making each decision; and (5) consideration of information other than that collected through electronic monitoring, such as supervisory or managerial evaluations, personnel files, employeeEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5 work products, or peer reviews. "Public assistance benefitPublic assistance benefit"Public assistance benefit" means any service or program in the control of a public body or any benefit provided by a public body to individuals or households, including, but not limited to, public assistance, cash assistance, grants, child care assistance, housing assistance, unemployment benefits, transportation benefits, education assistance, domestic violence services, and any other assistance or benefit in the authority of the public body to grant to individuals in the public body including federal programs administered by the public body where the requirements of this act are not explicitly prohibited by federal statute. "Public assistance benefit" does not include any program or service provided directly by the federal government in this State.Section 5" means any service or program in the control of a public bodyPublic body"Public body" has the meaning set forth in the Prevailing Wage Act.Section 5 or any benefit provided by a public bodyPublic body"Public body" has the meaning set forth in the Prevailing Wage Act.Section 5 to individuals or households, including, but not limited to, public assistance, cash assistance, grants, child care assistance, housing assistance, unemployment benefits, transportation benefits, education assistance, domestic violence services, and any other assistance or benefit in the authority of the public bodyPublic body"Public body" has the meaning set forth in the Prevailing Wage Act.Section 5 to grant to individuals in the public bodyPublic body"Public body" has the meaning set forth in the Prevailing Wage Act.Section 5 including federal programs administered by the public bodyPublic body"Public body" has the meaning set forth in the Prevailing Wage Act.Section 5 where the requirements of this act are not explicitly prohibited by federal statute. "Public assistance benefitPublic assistance benefit"Public assistance benefit" means any service or program in the control of a public body or any benefit provided by a public body to individuals or households, including, but not limited to, public assistance, cash assistance, grants, child care assistance, housing assistance, unemployment benefits, transportation benefits, education assistance, domestic violence services, and any other assistance or benefit in the authority of the public body to grant to individuals in the public body including federal programs administered by the public body where the requirements of this act are not explicitly prohibited by federal statute. "Public assistance benefit" does not include any program or service provided directly by the federal government in this State.Section 5" does not include any program or service provided directly by the federal government in this State. "Public bodyPublic body"Public body" has the meaning set forth in the Prevailing Wage Act.Section 5" has the meaning set forth in the Prevailing Wage Act. "State agencyState agency"State agency" means any department, public authority, board, bureau, commission, division, office, council, committee, or officer of this State.Section 5" means any departmentDepartment"Department" means the Department of Labor.Section 5, public authority, board, bureau, commission, division, office, council, committee, or officer of this State.

(a) 1 An employerEmployer"Employer" means a public body or any entity acting on behalf of a public body, including, but not limited to, contractors and subcontractors.Section 5 shall not use or apply, or authorize any procurement, purchase, or acquisition of any service or system using or relying on any automated decision-making systemAutomated decision-making system"Automated decision-making system" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human review, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making system" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State.Section 5, directly or indirectly, without meaningful and continuing human review when performing any function that: (1) is related to the administration of any public assistance program; (2) will have an adverse impact on the rights, civil liberties, safety, or welfare of any employeeEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5 in this State; or (3) affects any statutorily or constitutionally provided rights of an employeeEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5.

(b) 2 An employerEmployer"Employer" means a public body or any entity acting on behalf of a public body, including, but not limited to, contractors and subcontractors.Section 5 shall not use or apply any automated decision-making systemAutomated decision-making system"Automated decision-making system" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human review, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making system" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State.Section 5, directly or indirectly, to perform any function described in subsection (a) without providing: (1) a notice to any affected employeeEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5 no later than the time a decision is issued to that employeeEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5 that a decision concerning the employeeEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5 was made using an automated decision-making systemAutomated decision-making system"Automated decision-making system" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human review, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making system" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State.Section 5; (2) an appeals process for decisions made by automated decision-making systemAutomated decision-making system"Automated decision-making system" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human review, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making system" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State.Section 5 in which an employeeEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5 is impacted as a direct result of the use of the automated decision-making systemAutomated decision-making system"Automated decision-making system" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human review, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making system" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State.Section 5; and (3) the opportunity for an affected employeeEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5 to have an appropriate alternative review, by an individual working for or on behalf of the employerEmployer"Employer" means a public body or any entity acting on behalf of a public body, including, but not limited to, contractors and subcontractors.Section 5 with respect to the decision, independent of the automated decision-making systemAutomated decision-making system"Automated decision-making system" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human review, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making system" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State.Section 5.

(c) 3 An employerEmployer"Employer" means a public body or any entity acting on behalf of a public body, including, but not limited to, contractors and subcontractors.Section 5 shall not use or apply any automated decision-making systemAutomated decision-making system"Automated decision-making system" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human review, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making system" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State.Section 5, directly or indirectly: (1) to make predictions about an employeeEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5's or employment candidate's behavior, beliefs, intentions, personality, emotional state, or other characteristics or behaviors; (2) to subtract from an employeeEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5's wages for time spent exercising the employeeEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5's legal rights; (3) in relation to performance evaluation, hiring, recruitment, discipline, promotion, termination, duties, assignment of work, access to work opportunities, productivity requirements, workplace health and safety, or other terms or conditions of employment for any persons classified as employeesEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5, candidates for employment, independent contractors, subcontractors, or interns; or (4) that involves facial recognition, gait recognition, or emotion recognition technologies.

(d) The use of an automated decision-making systemAutomated decision-making system"Automated decision-making system" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human review, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making system" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State.Section 5 shall not affect: (1) existing rights of employeesEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5 covered by a collective bargaining agreement; or (2) existing representational relationships among labor organizations or bargaining relationships between an employerEmployer"Employer" means a public body or any entity acting on behalf of a public body, including, but not limited to, contractors and subcontractors.Section 5 and a labor organization.

(e) 4 The procurement, purchase, acquisition, or use of an automated decision-making systemAutomated decision-making system"Automated decision-making system" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human review, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making system" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State.Section 5 shall not occur without prior notice to a labor organization and negotiations between the employerEmployer"Employer" means a public body or any entity acting on behalf of a public body, including, but not limited to, contractors and subcontractors.Section 5 and any exclusive representatives of potentially affected employeesEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5 and shall not result in: (1) discharge, displacement, or loss of position, including partial displacement, such as a reduction in hours, wages, or other employment benefits; (2) transfer of existing duties and functions currently performed by employeesEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5 to an automated decision-making systemAutomated decision-making system"Automated decision-making system" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human review, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making system" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State.Section 5; (3) transfer of future duties and functions ordinarily performed by employeesEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5 to an automated decision-making systemAutomated decision-making system"Automated decision-making system" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human review, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making system" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State.Section 5; or (4) any negative impact on the rights, benefits, and privileges of all existing employeesEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5, including terms and conditions of employment, civil service status, and collective bargaining unit membership, which shall be preserved and protected.

(f) 5 If an automated decision-making systemAutomated decision-making system"Automated decision-making system" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human review, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making system" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State.Section 5 is collecting employeeEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5 data, employeesEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5 and their exclusive bargaining representatives have a right to view the data collected by the automated decision-making systemAutomated decision-making system"Automated decision-making system" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human review, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making system" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State.Section 5.

(a) 6 An employerEmployer"Employer" means a public body or any entity acting on behalf of a public body, including, but not limited to, contractors and subcontractors.Section 5 seeking to use or apply an automated decision-making systemAutomated decision-making system"Automated decision-making system" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human review, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making system" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State.Section 5 permitted under Section 10 shall conduct an initial impact assessment, 30 days prior to implementation of the automated decision-making systemAutomated decision-making system"Automated decision-making system" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human review, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making system" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State.Section 5, bearing the signature of: (1) one or more individuals responsible for meaningful human review of the system; and (2) an independent auditorIndependent auditor"Independent auditor" means a person or entity that conducts an impact assessment of an automated decision-making system in a manner that exercises objective and impartial judgment on all issues in the scope of the evaluation or assessment.Section 5. A person shall not be an independent auditorIndependent auditor"Independent auditor" means a person or entity that conducts an impact assessment of an automated decision-making system in a manner that exercises objective and impartial judgment on all issues in the scope of the evaluation or assessment.Section 5 under this subsection if, at any point in the 5 years preceding the impact assessment, that person: (i) was involved in using, developing, offering, licensing, or deploying the automated decision-making systemAutomated decision-making system"Automated decision-making system" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human review, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making system" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State.Section 5 under review; (ii) had an employment relationship with a developer or deployer that uses, offers, or licenses the automated decision-making systemAutomated decision-making system"Automated decision-making system" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human review, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making system" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State.Section 5 under review; or (iii) had a direct or material indirect financial interest in a developer or deployer that uses, offers, or licenses the automated decision-making systemAutomated decision-making system"Automated decision-making system" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human review, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making system" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State.Section 5 under review.

(b) 7 Following the initial impact assessment, additional impact assessments shall be conducted at least once every 2 years and prior to any material changesMaterial changes"Material changes" include any enhancements, modifications, upgrades, or updates which add new features or functionality to the automated decision-making system, or which would broaden or modify the applicability of the system that may change the outcome or effect of the system, but does not include routine maintenance, updates to improve security, fix bugs, and minor enhancements to existing features.Section 5 to the automated decision-making systemAutomated decision-making system"Automated decision-making system" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human review, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making system" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State.Section 5. Each impact assessment shall include, in plain language: (1) a description of the objectives of the automated decision-making systemAutomated decision-making system"Automated decision-making system" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human review, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making system" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State.Section 5; (2) an evaluation of the system's ability to achieve those objectives; (3) a description and evaluation of the algorithms, computational models, and artificial intelligence tools used, including: (A) a summary of underlying algorithms and artificial intelligence tools; and (B) a description of the design and training to be used; (4) testing for: (A) disparate impact or discrimination based on protected characteristics, including, but not limited to discriminating against, persons based on their race, color, religious creed, national origin, sex, disability or perceived disability, gender identity, sexual orientation, genetic information, pregnancy or a condition related to pregnancy, ancestry, or status as a veteran and any actions to mitigate any impacts; (B) accessibility limitations for persons with disabilities; (C) privacy and job quality impacts, including wages, hours, and conditions and safeguards; (D) cybersecurity vulnerabilities and safeguards; (E) public health or safety risks; (F) foreseeable misuse and safeguards; and (G) use, storage, and control of sensitive or personal data; and (5) a notification mechanism for employeesEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5 impacted by the use of the automated decision-making systemAutomated decision-making system"Automated decision-making system" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human review, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making system" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State.Section 5.

(c) 8 If an impact assessment finds that an automated decision-making systemAutomated decision-making system"Automated decision-making system" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human review, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making system" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State.Section 5 produces discriminatory, biased, or inaccurate outcomes or fails to meet or negatively impacts any of the measures described in subsection (b) of Section 10, the employerEmployer"Employer" means a public body or any entity acting on behalf of a public body, including, but not limited to, contractors and subcontractors.Section 5 shall immediately cease any use or function of that system and of any information produced by it, and shall take all steps necessary to remedy the discriminatory, biased or inaccurate outcomes produced by the automated decision-making systemAutomated decision-making system"Automated decision-making system" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human review, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making system" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State.Section 5.

(d) 9 The employerEmployer"Employer" means a public body or any entity acting on behalf of a public body, including, but not limited to, contractors and subcontractors.Section 5 shall notify affected employeesEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5 and any exclusive bargaining representative, the results of each impact assessment, and provide a copy of the impact assessment upon request.

(e) 10 Each impact assessment shall be published on the employerEmployer"Employer" means a public body or any entity acting on behalf of a public body, including, but not limited to, contractors and subcontractors.Section 5's website, subject to the limitations set forth in Section 20.

(a) 11 Each impact assessment conducted by a State agencyState agency"State agency" means any department, public authority, board, bureau, commission, division, office, council, committee, or officer of this State.Section 5 under this Act shall be submitted to the Governor and the General Assembly at least 30 days prior to implementation of the automated decision-making systemAutomated decision-making system"Automated decision-making system" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human review, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making system" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State.Section 5 that is the subject of the assessment. Each impact assessment conducted by any other public bodyPublic body"Public body" has the meaning set forth in the Prevailing Wage Act.Section 5 under this Act shall be submitted to the director of the public bodyPublic body"Public body" has the meaning set forth in the Prevailing Wage Act.Section 5 or the executive officers or primary administrator of the relevant governing body at least 30 days prior to implementation of the automated decision-making systemAutomated decision-making system"Automated decision-making system" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human review, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making system" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State.Section 5 that is the subject of the assessment.

(b)–(c) 11 If the employerEmployer"Employer" means a public body or any entity acting on behalf of a public body, including, but not limited to, contractors and subcontractors.Section 5 determines that disclosure of any information in the impact assessment would result in a substantial negative impact on public health or safety, infringe upon privacy rights, or significantly impair the employerEmployer"Employer" means a public body or any entity acting on behalf of a public body, including, but not limited to, contractors and subcontractors.Section 5's ability to protect its information technology or operational assets, the information may be redacted, if an explanatory statement describing the determination process for redaction is published along with the redacted assessment. (c) If the impact assessment covers technology used to prevent, detect, protect against, or respond to security incidents, identity theft, fraud, harassment, or other illegal activity, the employerEmployer"Employer" means a public body or any entity acting on behalf of a public body, including, but not limited to, contractors and subcontractors.Section 5 may redact related information, if an explanatory statement describing the determination process for redaction is published along with the redacted assessment.

12 An employeeEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5 shall be protected from termination, disciplinary action, retaliation, or other adverse employment action for refusing to follow the output of an automated decision-making systemAutomated decision-making system"Automated decision-making system" means any software that uses algorithms, computational models, or artificial intelligence techniques, or a combination thereof, to automate, support, or replace human decision-making, without any meaningful human review, including, without limitation, systems that process data and apply predefined rules or machine learning algorithms to analyze the data and generate conclusions, recommendations, outcomes, assumptions, projections, or predictions. "Automated decision-making system" does not include any software used primarily for basic computerized processes, such as calculators, spellcheck tools, autocorrect functions, spreadsheets, electronic communications, or any tool that relates only to internal management affairs, such as inventory control and ordering or processing payments, that does not adversely affect the rights, liberties, benefits, safety, or welfare of any individual in this State.Section 5 if: (1) the employeeEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5 exercises independent judgment and discretion in the employeeEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5's duties, or the employeeEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5's duties require State licensure, certification, or accreditation; (2) the employeeEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5 notifies a supervisor or manager that the system's output may, in the employeeEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5's professional opinion, lead to harm, illegality, or an outcome contrary to the employerEmployer"Employer" means a public body or any entity acting on behalf of a public body, including, but not limited to, contractors and subcontractors.Section 5's goals, and the employerEmployer"Employer" means a public body or any entity acting on behalf of a public body, including, but not limited to, contractors and subcontractors.Section 5 fails to correct the output; (3) the employeeEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5 is engaging in concerted activity for the purpose of mutual aid and protection; (4) the employeeEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5 refuses to follow the output in good faith based on training, education, or experience; and (5) due to urgency, there is insufficient time for correction.

(a)–(e) The DepartmentDepartment"Department" means the Department of Labor.Section 5 shall inquire into any violation of this Act, shall institute actions for penalties prescribed under this Act, and shall enforce the provisions of this Act. The DirectorDirector"Director" means the Director of Labor.Section 5 shall adopt rules implementing this Act in accordance with the Illinois Administrative Procedure Act. (b) Any interested partyInterested party"Interested party" means an employee with an interest in compliance with this Act, or an exclusive bargaining representative of an employee.Section 5 may file a complaint, no later than 180 days after any alleged violation, with the DepartmentDepartment"Department" means the Department of Labor.Section 5 against an entity or employerEmployer"Employer" means a public body or any entity acting on behalf of a public body, including, but not limited to, contractors and subcontractors.Section 5 covered under this Act if there is a reasonable belief that the entity or employerEmployer"Employer" means a public body or any entity acting on behalf of a public body, including, but not limited to, contractors and subcontractors.Section 5 is in violation of this Act. No later than 120 days after the filing of a complaint, the DepartmentDepartment"Department" means the Department of Labor.Section 5 shall notify the employerEmployer"Employer" means a public body or any entity acting on behalf of a public body, including, but not limited to, contractors and subcontractors.Section 5 in writing of the filing of a complaint and the nature of the allegations being investigated. (c) The DepartmentDepartment"Department" means the Department of Labor.Section 5 shall have the power to conduct investigations in connection with the administration and enforcement of this Act and any investigator with the DepartmentDepartment"Department" means the Department of Labor.Section 5 shall be authorized to visit and inspect, at all reasonable times, any places covered by this Act and any documents related to the determination of whether there is a violation of this Act. The DirectorDirector"Director" means the Director of Labor.Section 5 or the DirectorDirector"Director" means the Director of Labor.Section 5's representative may compel, by subpoena, the attendance and testimony of witnesses and the production of records, papers, and other evidence in any investigation and may administer oaths to witnesses. (d) The investigation shall provide an opportunity for a public hearing at the request of any party to the review to enable the parties to present information relating to the alleged violation. The parties shall be given written notice of the time and place of the hearing at least 30 days before the hearing. Upon receiving the report of the investigation, the DirectorDirector"Director" means the Director of Labor.Section 5 shall make findings of fact. If the DirectorDirector"Director" means the Director of Labor.Section 5 finds that a violation did occur, the DirectorDirector"Director" means the Director of Labor.Section 5 shall issue a decision incorporating the findings and requiring the party committing the violation to take the affirmative action to abate the violation as the DirectorDirector"Director" means the Director of Labor.Section 5 deems appropriate, including, but not limited to, the rehiring or reinstatement of the employeeEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5 or representative of employeesEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5 to his or her former position and compensating the employeeEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5 for the time the employeeEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5 was unemployed. The party that commits the violation shall also be liable to the DepartmentDepartment"Department" means the Department of Labor.Section 5 for a penalty of $5,000 for each violation of this Act. If the DirectorDirector"Director" means the Director of Labor.Section 5 finds that there was no violation, the DirectorDirector"Director" means the Director of Labor.Section 5 shall issue an order denying the application. An order issued by the DirectorDirector"Director" means the Director of Labor.Section 5 under this Section shall be subject to judicial review under the Administrative Review Law. (e) If the DepartmentDepartment"Department" means the Department of Labor.Section 5 believes upon investigation that there has been a violation of any of the provisions of this Act, the DepartmentDepartment"Department" means the Department of Labor.Section 5 may: (i) issue and cause to be served on any party an order to cease and desist from further violation of the Act; (ii) take affirmative or other action as deemed reasonable to eliminate the effect of the violation; and (iii) assess any civil penalty allowed by this Act.

Any interested partyInterested party"Interested party" means an employee with an interest in compliance with this Act, or an exclusive bargaining representative of an employee.Section 5 or employeeEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5 aggrieved by a violation of this Act by an employerEmployer"Employer" means a public body or any entity acting on behalf of a public body, including, but not limited to, contractors and subcontractors.Section 5 may bring an action in circuit court, in the county where the alleged offense occurred or where any person who is party to the action resides, without regard to exhaustion of any alternative administrative remedies provided in this Act. An action may be brought by one or more interested parties for and on behalf of themselves and other interested parties similarly situated. If the action is filed, the DepartmentDepartment"Department" means the Department of Labor.Section 5 shall not be required to engage in any further investigation or enforcement action. An employeeEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5 whose rights have been violated under this Act by an employerEmployer"Employer" means a public body or any entity acting on behalf of a public body, including, but not limited to, contractors and subcontractors.Section 5 is entitled to collect: (i) the amount of any wages, salary, employment benefits, or other compensation denied or lost to the employeeEmployee"Employee" means any person employed by a public body, State agency, or any entity acting on behalf of a State agency, including, but not limited to, contractors and subcontractors.Section 5 by reason of the violation, plus an equal amount in liquidated damages; (ii) compensatory damages and an amount up to $500 for each violation of this Act; (iii) in the case of unlawful retaliation, all legal or equitable relief as may be appropriate; and (iv) attorney's fees and costs.