WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a) 1 An employerEmployerNot formally defined in this section. The term refers to an employer that relies solely upon an artificial intelligence analysis of a video interview to determine whether an applicant will be selected for an in-person interview.820 ILCS 42/20(a) that relies solely upon an artificial intelligence analysis of a video interview to determine whether an applicant will be selected for an in-person interview must collect and report the following demographic data: (1) the race and ethnicity of applicants who are and are not afforded the opportunity for an in-person interview after the use of artificial intelligence analysisArtificial intelligence analysisNot formally defined in this section. Used to describe the AI-based analysis of a video interview relied upon by an employer to determine whether an applicant will be selected for an in-person interview.820 ILCS 42/20(a); and (2) the race and ethnicity of applicants who are hired.
(b) 1 The demographic data collected under subsection (a) must be reported to the Department of Commerce and Economic Opportunity annually by December 31. The report shall include the data collected in the 12-month period ending on November 30 preceding the filing of the report.
(c) 2 The Department must analyze the data reported and report to the Governor and General Assembly by July 1 of each year whether the data discloses a racial bias in the use of artificial intelligence.
Section 20 creates a two-tier demographic reporting regime for employers who rely solely on AI analysis of video interviews to screen applicants for in-person interviews. The employer must collect race and ethnicity data on applicants who are and are not advanced to in-person interviews, as well as applicants ultimately hired. This data must be reported annually to the Department of Commerce and Economic Opportunity by December 31, covering the 12-month period ending November 30.
The Department is then required to analyze the reported data and issue its own report to the Governor and General Assembly by July 1 each year, assessing whether the data discloses racial bias in the use of AI. Notably, no enforcement mechanism, penalty, or private right of action is specified — the section operates as a transparency and data-collection requirement rather than a substantive anti-discrimination mandate with teeth.