WHAT THIS BILL REGULATES · 5 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.
As used in this Act: "Algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people based on their actual or perceived race, color, ethnicity, sex, religion, age, national origin, limited English proficiency, disability, veteran status, genetic information, reproductive health, or any other classification protected by State law. "Algorithmic discrimination" does not include: (1) the offer, license, or use of a high-risk artificial intelligence system by a deployer for the sole purpose of: (A) the deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (B) expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (2) an act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in the Civil Rights Act of 1964.Section 5" means the condition in which an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 contributes to unjustified differential treatment or impacts disfavoring people based on their actual or perceived race, color, ethnicity, sexSex"Sex" includes pregnancy, childbirth, and related conditions, gender identity, intersex status, and sexual orientation.Section 5, religion, age, national origin, limited English proficiency, disability, veteran status, genetic information, reproductive health, or any other classification protected by State law. "Algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people based on their actual or perceived race, color, ethnicity, sex, religion, age, national origin, limited English proficiency, disability, veteran status, genetic information, reproductive health, or any other classification protected by State law. "Algorithmic discrimination" does not include: (1) the offer, license, or use of a high-risk artificial intelligence system by a deployer for the sole purpose of: (A) the deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (B) expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (2) an act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in the Civil Rights Act of 1964.Section 5" does not include: (1) the offer, license, or use of a high-risk artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means 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. "Artificial intelligence system" includes a generative artificial intelligence system. For the purposes of this definition, "generative artificial intelligence system" means an automated computing system that, when prompted with human prompts, descriptions, or queries, can produce outputs that simulate human-produced content, including, but not limited to: (1) textual outputs, such as short answers, essays, poetry, or longer compositions or answers; (2) image outputs, such as fine art, photographs, conceptual art, diagrams, and other images; (3) multimedia outputs, such as audio or video in the form of compositions, songs, or short-form or long-form audio or video; and (4) other content that would otherwise be produced by human means.Section 5 by a deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 for the sole purpose of: (A) the deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (B) expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (2) an act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in the Civil Rights Act of 1964. "Artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means 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. "Artificial intelligence system" includes a generative artificial intelligence system. For the purposes of this definition, "generative artificial intelligence system" means an automated computing system that, when prompted with human prompts, descriptions, or queries, can produce outputs that simulate human-produced content, including, but not limited to: (1) textual outputs, such as short answers, essays, poetry, or longer compositions or answers; (2) image outputs, such as fine art, photographs, conceptual art, diagrams, and other images; (3) multimedia outputs, such as audio or video in the form of compositions, songs, or short-form or long-form audio or video; and (4) other content that would otherwise be produced by human means.Section 5" means 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. "Artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means 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. "Artificial intelligence system" includes a generative artificial intelligence system. For the purposes of this definition, "generative artificial intelligence system" means an automated computing system that, when prompted with human prompts, descriptions, or queries, can produce outputs that simulate human-produced content, including, but not limited to: (1) textual outputs, such as short answers, essays, poetry, or longer compositions or answers; (2) image outputs, such as fine art, photographs, conceptual art, diagrams, and other images; (3) multimedia outputs, such as audio or video in the form of compositions, songs, or short-form or long-form audio or video; and (4) other content that would otherwise be produced by human means.Section 5" includes a generative artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means 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. "Artificial intelligence system" includes a generative artificial intelligence system. For the purposes of this definition, "generative artificial intelligence system" means an automated computing system that, when prompted with human prompts, descriptions, or queries, can produce outputs that simulate human-produced content, including, but not limited to: (1) textual outputs, such as short answers, essays, poetry, or longer compositions or answers; (2) image outputs, such as fine art, photographs, conceptual art, diagrams, and other images; (3) multimedia outputs, such as audio or video in the form of compositions, songs, or short-form or long-form audio or video; and (4) other content that would otherwise be produced by human means.Section 5. For the purposes of this definition, "generative artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means 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. "Artificial intelligence system" includes a generative artificial intelligence system. For the purposes of this definition, "generative artificial intelligence system" means an automated computing system that, when prompted with human prompts, descriptions, or queries, can produce outputs that simulate human-produced content, including, but not limited to: (1) textual outputs, such as short answers, essays, poetry, or longer compositions or answers; (2) image outputs, such as fine art, photographs, conceptual art, diagrams, and other images; (3) multimedia outputs, such as audio or video in the form of compositions, songs, or short-form or long-form audio or video; and (4) other content that would otherwise be produced by human means.Section 5" means an automated computing system that, when prompted with human prompts, descriptions, or queries, can produce outputs that simulate human-produced content, including, but not limited to: (1) textual outputs, such as short answers, essays, poetry, or longer compositions or answers; (2) image outputs, such as fine art, photographs, conceptual art, diagrams, and other images; (3) multimedia outputs, such as audio or video in the form of compositions, songs, or short-form or long-form audio or video; and (4) other content that would otherwise be produced by human means. "Automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisionsConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (1) employment, worker management, or self-employment, including, but not limited to, all of the following: (A) pay or promotion; (B) hiring or termination; and (C) automated task allocation; (2) education and vocational training, including, but not limited to, all of the following: (A) assessment, including, but not limited to, detecting student cheating or plagiarism; (B) accreditation; (C) certification; (D) admissions; and (E) financial aid or scholarships; (3) housing or lodging, including rental or short-term housing or lodging; (4) essential utilities, including electricity, heat, water, Internet or telecommunications access, or transportation; (5) family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (6) healthcare or health insurance, including mental health care, dental, or vision; (7) financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (8) the criminal justice system, including, but not limited to, all of the following: (A) risk assessments for pretrial hearings; (B) sentencing; and (C) parole; (9) legal services, including private arbitration or mediation; (10) voting; and (11) access to benefits or services or assignment of penalties.Section 5. "Consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (1) employment, worker management, or self-employment, including, but not limited to, all of the following: (A) pay or promotion; (B) hiring or termination; and (C) automated task allocation; (2) education and vocational training, including, but not limited to, all of the following: (A) assessment, including, but not limited to, detecting student cheating or plagiarism; (B) accreditation; (C) certification; (D) admissions; and (E) financial aid or scholarships; (3) housing or lodging, including rental or short-term housing or lodging; (4) essential utilities, including electricity, heat, water, Internet or telecommunications access, or transportation; (5) family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (6) healthcare or health insurance, including mental health care, dental, or vision; (7) financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (8) the criminal justice system, including, but not limited to, all of the following: (A) risk assessments for pretrial hearings; (B) sentencing; and (C) parole; (9) legal services, including private arbitration or mediation; (10) voting; and (11) access to benefits or services or assignment of penalties.Section 5" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (1) employment, worker management, or self-employment; (2) education and vocational training; (3) housing or lodging; (4) essential utilities; (5) family planning; (6) healthcare or health insurance; (7) financial services; (8) the criminal justice system; (9) legal services; (10) voting; and (11) access to benefits or services or assignment of penalties. "DeployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5" means a person, partnership, State or local government agency, or corporation that uses an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 to make a consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (1) employment, worker management, or self-employment, including, but not limited to, all of the following: (A) pay or promotion; (B) hiring or termination; and (C) automated task allocation; (2) education and vocational training, including, but not limited to, all of the following: (A) assessment, including, but not limited to, detecting student cheating or plagiarism; (B) accreditation; (C) certification; (D) admissions; and (E) financial aid or scholarships; (3) housing or lodging, including rental or short-term housing or lodging; (4) essential utilities, including electricity, heat, water, Internet or telecommunications access, or transportation; (5) family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (6) healthcare or health insurance, including mental health care, dental, or vision; (7) financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (8) the criminal justice system, including, but not limited to, all of the following: (A) risk assessments for pretrial hearings; (B) sentencing; and (C) parole; (9) legal services, including private arbitration or mediation; (10) voting; and (11) access to benefits or services or assignment of penalties.Section 5. "Impact assessmentImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of Section 10.Section 5" means a documented risk-based evaluation of an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 that meets the criteria of Section 10. "SexSex"Sex" includes pregnancy, childbirth, and related conditions, gender identity, intersex status, and sexual orientation.Section 5" includes pregnancy, childbirth, and related conditions, gender identity, intersex status, and sexual orientation. "Significant updateSignificant update"Significant update" means a new version, new release, or other update to an automated decision tool that includes changes to its use case, key functionality, or expected outcomes.Section 5" means a new version, new release, or other update to an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 that includes changes to its use case, key functionality, or expected outcomes.
Section 5 establishes the key defined terms for the Act. The definitions set a broad scope: automated decision tool covers any AI-based system specifically developed or modified to make or control consequential decisions, and consequential decision spans eleven high-stakes domains including employment, education, housing, healthcare, financial services, criminal justice, and voting. Deployer includes government agencies as well as private entities. Algorithmic discrimination is defined with carve-outs for self-testing to identify or mitigate bias and for private clubs under the Civil Rights Act of 1964.
(a) 1 On or before January 1, 2027, and annually thereafter, a deployer of an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 shall perform an impact assessmentImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of Section 10.Section 5 for any automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 the deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 uses that includes all of the following: (1) a statement of the purpose of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 and its intended benefits, uses, and deployment contexts; (2) a description of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5's outputs and how they are used to make, or be a controlling factor in making, a consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (1) employment, worker management, or self-employment, including, but not limited to, all of the following: (A) pay or promotion; (B) hiring or termination; and (C) automated task allocation; (2) education and vocational training, including, but not limited to, all of the following: (A) assessment, including, but not limited to, detecting student cheating or plagiarism; (B) accreditation; (C) certification; (D) admissions; and (E) financial aid or scholarships; (3) housing or lodging, including rental or short-term housing or lodging; (4) essential utilities, including electricity, heat, water, Internet or telecommunications access, or transportation; (5) family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (6) healthcare or health insurance, including mental health care, dental, or vision; (7) financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (8) the criminal justice system, including, but not limited to, all of the following: (A) risk assessments for pretrial hearings; (B) sentencing; and (C) parole; (9) legal services, including private arbitration or mediation; (10) voting; and (11) access to benefits or services or assignment of penalties.Section 5; (3) a summary of the type of data collected from natural persons and processed by the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 when it is used to make, or be a controlling factor in making, a consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (1) employment, worker management, or self-employment, including, but not limited to, all of the following: (A) pay or promotion; (B) hiring or termination; and (C) automated task allocation; (2) education and vocational training, including, but not limited to, all of the following: (A) assessment, including, but not limited to, detecting student cheating or plagiarism; (B) accreditation; (C) certification; (D) admissions; and (E) financial aid or scholarships; (3) housing or lodging, including rental or short-term housing or lodging; (4) essential utilities, including electricity, heat, water, Internet or telecommunications access, or transportation; (5) family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (6) healthcare or health insurance, including mental health care, dental, or vision; (7) financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (8) the criminal justice system, including, but not limited to, all of the following: (A) risk assessments for pretrial hearings; (B) sentencing; and (C) parole; (9) legal services, including private arbitration or mediation; (10) voting; and (11) access to benefits or services or assignment of penalties.Section 5; (4) an analysis of potential adverse impacts on the basis of sexSex"Sex" includes pregnancy, childbirth, and related conditions, gender identity, intersex status, and sexual orientation.Section 5, race, color, ethnicity, religion, age, national origin, limited English proficiency, disability, veteran status, or genetic information from the deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5's use of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5; (5) a description of the safeguards implemented, or that will be implemented, by the deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 to address any reasonably foreseeable risks of algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people based on their actual or perceived race, color, ethnicity, sex, religion, age, national origin, limited English proficiency, disability, veteran status, genetic information, reproductive health, or any other classification protected by State law. "Algorithmic discrimination" does not include: (1) the offer, license, or use of a high-risk artificial intelligence system by a deployer for the sole purpose of: (A) the deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (B) expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (2) an act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in the Civil Rights Act of 1964.Section 5 arising from the use of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 known to the deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 at the time of the impact assessmentImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of Section 10.Section 5; (6) a description of how the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 will be used by a natural person, or monitored when it is used, to make, or be a controlling factor in making, a consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (1) employment, worker management, or self-employment, including, but not limited to, all of the following: (A) pay or promotion; (B) hiring or termination; and (C) automated task allocation; (2) education and vocational training, including, but not limited to, all of the following: (A) assessment, including, but not limited to, detecting student cheating or plagiarism; (B) accreditation; (C) certification; (D) admissions; and (E) financial aid or scholarships; (3) housing or lodging, including rental or short-term housing or lodging; (4) essential utilities, including electricity, heat, water, Internet or telecommunications access, or transportation; (5) family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (6) healthcare or health insurance, including mental health care, dental, or vision; (7) financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (8) the criminal justice system, including, but not limited to, all of the following: (A) risk assessments for pretrial hearings; (B) sentencing; and (C) parole; (9) legal services, including private arbitration or mediation; (10) voting; and (11) access to benefits or services or assignment of penalties.Section 5; and (7) a description of how the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 has been or will be evaluated for validity or relevance.
(b) 2 A deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 shall, in addition to the impact assessmentImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of Section 10.Section 5 required by subsection (a), perform, as soon as feasible, an impact assessmentImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of Section 10.Section 5 with respect to any significant updateSignificant update"Significant update" means a new version, new release, or other update to an automated decision tool that includes changes to its use case, key functionality, or expected outcomes.Section 5.
(c) 1 This Section does not apply to a deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 with fewer than 25 employees unless, as of the end of the prior calendar year, the deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 deployed an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 that impacted more than 999 people per year.
Section 10 imposes a mandatory annual impact assessment obligation on deployers of automated decision tools, beginning January 1, 2027. The assessment must cover seven enumerated elements: the tool's purpose and intended uses, how outputs drive consequential decisions, data types processed, analysis of adverse impacts across protected characteristics, safeguards implemented, human oversight or monitoring arrangements, and evaluation for validity or relevance.
Significant updates trigger an additional impact assessment obligation as soon as feasible. A small-business exemption applies to deployers with fewer than 25 employees unless the tool impacted more than 999 people in the prior year.
(a) 3 A deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 shall, at or before the time an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 is used to make a consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (1) employment, worker management, or self-employment, including, but not limited to, all of the following: (A) pay or promotion; (B) hiring or termination; and (C) automated task allocation; (2) education and vocational training, including, but not limited to, all of the following: (A) assessment, including, but not limited to, detecting student cheating or plagiarism; (B) accreditation; (C) certification; (D) admissions; and (E) financial aid or scholarships; (3) housing or lodging, including rental or short-term housing or lodging; (4) essential utilities, including electricity, heat, water, Internet or telecommunications access, or transportation; (5) family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (6) healthcare or health insurance, including mental health care, dental, or vision; (7) financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (8) the criminal justice system, including, but not limited to, all of the following: (A) risk assessments for pretrial hearings; (B) sentencing; and (C) parole; (9) legal services, including private arbitration or mediation; (10) voting; and (11) access to benefits or services or assignment of penalties.Section 5, notify any natural person who is the subject of the consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (1) employment, worker management, or self-employment, including, but not limited to, all of the following: (A) pay or promotion; (B) hiring or termination; and (C) automated task allocation; (2) education and vocational training, including, but not limited to, all of the following: (A) assessment, including, but not limited to, detecting student cheating or plagiarism; (B) accreditation; (C) certification; (D) admissions; and (E) financial aid or scholarships; (3) housing or lodging, including rental or short-term housing or lodging; (4) essential utilities, including electricity, heat, water, Internet or telecommunications access, or transportation; (5) family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (6) healthcare or health insurance, including mental health care, dental, or vision; (7) financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (8) the criminal justice system, including, but not limited to, all of the following: (A) risk assessments for pretrial hearings; (B) sentencing; and (C) parole; (9) legal services, including private arbitration or mediation; (10) voting; and (11) access to benefits or services or assignment of penalties.Section 5 that an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 is being used to make, or be a controlling factor in making, the consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (1) employment, worker management, or self-employment, including, but not limited to, all of the following: (A) pay or promotion; (B) hiring or termination; and (C) automated task allocation; (2) education and vocational training, including, but not limited to, all of the following: (A) assessment, including, but not limited to, detecting student cheating or plagiarism; (B) accreditation; (C) certification; (D) admissions; and (E) financial aid or scholarships; (3) housing or lodging, including rental or short-term housing or lodging; (4) essential utilities, including electricity, heat, water, Internet or telecommunications access, or transportation; (5) family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (6) healthcare or health insurance, including mental health care, dental, or vision; (7) financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (8) the criminal justice system, including, but not limited to, all of the following: (A) risk assessments for pretrial hearings; (B) sentencing; and (C) parole; (9) legal services, including private arbitration or mediation; (10) voting; and (11) access to benefits or services or assignment of penalties.Section 5. A deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 shall provide to a natural person notified under this subsection all of the following: (1) a statement of the purpose of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5; (2) the contact information for the deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5; and (3) a plain language description of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 that includes a description of any human components and how any automated component is used to inform a consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (1) employment, worker management, or self-employment, including, but not limited to, all of the following: (A) pay or promotion; (B) hiring or termination; and (C) automated task allocation; (2) education and vocational training, including, but not limited to, all of the following: (A) assessment, including, but not limited to, detecting student cheating or plagiarism; (B) accreditation; (C) certification; (D) admissions; and (E) financial aid or scholarships; (3) housing or lodging, including rental or short-term housing or lodging; (4) essential utilities, including electricity, heat, water, Internet or telecommunications access, or transportation; (5) family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (6) healthcare or health insurance, including mental health care, dental, or vision; (7) financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (8) the criminal justice system, including, but not limited to, all of the following: (A) risk assessments for pretrial hearings; (B) sentencing; and (C) parole; (9) legal services, including private arbitration or mediation; (10) voting; and (11) access to benefits or services or assignment of penalties.Section 5.
(b) 4 If a consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (1) employment, worker management, or self-employment, including, but not limited to, all of the following: (A) pay or promotion; (B) hiring or termination; and (C) automated task allocation; (2) education and vocational training, including, but not limited to, all of the following: (A) assessment, including, but not limited to, detecting student cheating or plagiarism; (B) accreditation; (C) certification; (D) admissions; and (E) financial aid or scholarships; (3) housing or lodging, including rental or short-term housing or lodging; (4) essential utilities, including electricity, heat, water, Internet or telecommunications access, or transportation; (5) family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (6) healthcare or health insurance, including mental health care, dental, or vision; (7) financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (8) the criminal justice system, including, but not limited to, all of the following: (A) risk assessments for pretrial hearings; (B) sentencing; and (C) parole; (9) legal services, including private arbitration or mediation; (10) voting; and (11) access to benefits or services or assignment of penalties.Section 5 is made solely based on the output of an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5, a deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 shall, if technically feasible, accommodate a natural person's request to not be subject to the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 and to be subject to an alternative selection process or accommodation. After a request is made under this subsection, a deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 may reasonably request, collect, and process information from a natural person for the purposes of identifying the person and the associated consequential decisionConsequential decision"Consequential decision" means a decision or judgment that has a legal, material, or similarly significant effect on an individual's life relating to the impact of, access to, or the cost, terms, or availability of, any of the following: (1) employment, worker management, or self-employment, including, but not limited to, all of the following: (A) pay or promotion; (B) hiring or termination; and (C) automated task allocation; (2) education and vocational training, including, but not limited to, all of the following: (A) assessment, including, but not limited to, detecting student cheating or plagiarism; (B) accreditation; (C) certification; (D) admissions; and (E) financial aid or scholarships; (3) housing or lodging, including rental or short-term housing or lodging; (4) essential utilities, including electricity, heat, water, Internet or telecommunications access, or transportation; (5) family planning, including adoption services or reproductive services, as well as assessments related to child protective services; (6) healthcare or health insurance, including mental health care, dental, or vision; (7) financial services, including a financial service provided by a mortgage company, mortgage broker, or creditor; (8) the criminal justice system, including, but not limited to, all of the following: (A) risk assessments for pretrial hearings; (B) sentencing; and (C) parole; (9) legal services, including private arbitration or mediation; (10) voting; and (11) access to benefits or services or assignment of penalties.Section 5. If the person does not provide that information, the deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 shall not be obligated to provide an alternative selection process or accommodation.
Section 15 imposes two distinct obligations on deployers. First, subsection (a) requires pre-decision notification: deployers must inform any individual who is the subject of a consequential decision that an automated decision tool is being used, along with a statement of the tool's purpose, the deployer's contact information, and a plain language description of the tool including its human and automated components.
Second, subsection (b) creates an opt-out right: when a consequential decision is made solely on the output of an automated decision tool, the deployer must, if technically feasible, accommodate a request to use an alternative process. The deployer may collect identifying information to process the request but has no obligation if the individual does not provide it.
(a)–(b) 5 A deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 shall establish, document, implement, and maintain a governance program that contains reasonable administrative and technical safeguards to map, measure, manage, and govern the reasonably foreseeable risks of algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people based on their actual or perceived race, color, ethnicity, sex, religion, age, national origin, limited English proficiency, disability, veteran status, genetic information, reproductive health, or any other classification protected by State law. "Algorithmic discrimination" does not include: (1) the offer, license, or use of a high-risk artificial intelligence system by a deployer for the sole purpose of: (A) the deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (B) expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (2) an act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in the Civil Rights Act of 1964.Section 5 associated with the use or intended use of an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5. The safeguards required by this subsection shall be appropriate to all of the following: (1) the use or intended use of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5; (2) the deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5's role as a deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5; (3) the size, complexity, and resources of the deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5; (4) the nature, context, and scope of the activities of the deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 in connection with the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5; and (5) the technical feasibility and cost of available tools, assessments, and other means used by a deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 to map, measure, manage, and govern the risks associated with an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5. The governance program required by this Section shall be designed to do all of the following: (1) identify and implement safeguards to address reasonably foreseeable risks of algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people based on their actual or perceived race, color, ethnicity, sex, religion, age, national origin, limited English proficiency, disability, veteran status, genetic information, reproductive health, or any other classification protected by State law. "Algorithmic discrimination" does not include: (1) the offer, license, or use of a high-risk artificial intelligence system by a deployer for the sole purpose of: (A) the deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (B) expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (2) an act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in the Civil Rights Act of 1964.Section 5 resulting from the use or intended use of an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5; (2) if established by a deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5, provide for the performance of impact assessmentsImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of Section 10.Section 5 as required by Section 10; (3) conduct an annual and comprehensive review of policies, practices, and procedures to ensure compliance with this Act; (4) maintain for 2 years after completion the results of an impact assessmentImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of Section 10.Section 5; and (5) evaluate and make reasonable adjustments to administrative and technical safeguards in light of material changes in technology, the risks associated with the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5, the state of technical standards, and changes in business arrangements or operations of the deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5.
(c) 6 A deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 shall designate at least one employee to be responsible for overseeing and maintaining the governance program and compliance with this Act. An employee designated under this subsection shall have the authority to assert to the employee's employer a good faith belief that the design, production, or use of an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 fails to comply with the requirements of this Act. An employer of an employee designated under this subsection shall conduct a prompt and complete assessment of any compliance issue raised by that employee.
(d) 5 This Section does not apply to a deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 with fewer than 25 employees unless, as of the end of the prior calendar year, the deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 deployed an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 that impacted more than 999 people per year.
Section 20 requires deployers to establish, document, implement, and maintain a governance program with reasonable administrative and technical safeguards to manage algorithmic discrimination risk. The program must be scaled to five contextual factors: the tool's use, the deployer's role, organizational size and complexity, the nature of the deployer's activities, and technical feasibility and cost.
The governance program must: identify and implement safeguards for foreseeable discrimination risks, support the Section 10 impact assessment process, conduct annual compliance reviews, retain impact assessment results for two years, and adapt safeguards to material changes in technology, risk, standards, or business operations. Subsection (c) adds a designated employee obligation: at least one employee must oversee the program and have authority to raise compliance concerns, with the employer required to promptly and completely assess any issue raised. The same small-business exemption from Section 10 applies.
7 A deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 shall make publicly available, in a readily accessible manner, a clear policy that provides a summary of both of the following: (1) the types of automated decision toolsAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 currently in use or made available to others by the deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5; and (2) how the deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 manages the reasonably foreseeable risks of algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people based on their actual or perceived race, color, ethnicity, sex, religion, age, national origin, limited English proficiency, disability, veteran status, genetic information, reproductive health, or any other classification protected by State law. "Algorithmic discrimination" does not include: (1) the offer, license, or use of a high-risk artificial intelligence system by a deployer for the sole purpose of: (A) the deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (B) expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (2) an act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in the Civil Rights Act of 1964.Section 5 that may arise from the use of the automated decision toolsAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 it currently uses or makes available to others.
Section 25 requires deployers to publicly disclose a clear, readily accessible policy summarizing (1) the types of automated decision tools currently in use or made available to others, and (2) how the deployer manages reasonably foreseeable algorithmic discrimination risks associated with those tools. This is a public transparency obligation distinct from the governance program and the impact assessment submission to the Attorney General.
(a) 8 A deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 shall not use an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 that results in algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people based on their actual or perceived race, color, ethnicity, sex, religion, age, national origin, limited English proficiency, disability, veteran status, genetic information, reproductive health, or any other classification protected by State law. "Algorithmic discrimination" does not include: (1) the offer, license, or use of a high-risk artificial intelligence system by a deployer for the sole purpose of: (A) the deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (B) expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (2) an act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in the Civil Rights Act of 1964.Section 5.
(b)–(c) 8 On and after January 1, 2028, a person may bring a civil action against a deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 for violation of this Section. In an action brought under this subsection, the plaintiff shall have the burden of proof to demonstrate that the deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5's use of the automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 resulted in algorithmic discriminationAlgorithmic discrimination"Algorithmic discrimination" means the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people based on their actual or perceived race, color, ethnicity, sex, religion, age, national origin, limited English proficiency, disability, veteran status, genetic information, reproductive health, or any other classification protected by State law. "Algorithmic discrimination" does not include: (1) the offer, license, or use of a high-risk artificial intelligence system by a deployer for the sole purpose of: (A) the deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (B) expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (2) an act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in the Civil Rights Act of 1964.Section 5 that caused actual harm to the person bringing the civil action. In addition to any other remedy at law, a deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 that violates this Section shall be liable to a prevailing plaintiff for any of the following: (1) compensatory damages; (2) declaratory relief; and (3) reasonable attorney's fees and costs.
Section 30 imposes the Act's substantive prohibition: deployers may not use an automated decision tool that results in algorithmic discrimination. Subsections (b) and (c) create a private right of action effective January 1, 2028. The plaintiff bears the burden of proving that the tool resulted in algorithmic discrimination causing actual harm. Remedies include compensatory damages, declaratory relief, and reasonable attorney's fees and costs.
(a) 9 Within 60 days after completing an impact assessmentImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of Section 10.Section 5 required by this Act, a deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 shall provide the impact assessmentImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of Section 10.Section 5 to the Attorney General.
(b) 9 A deployerDeployer"Deployer" means a person, partnership, State or local government agency, or corporation that uses an automated decision tool to make a consequential decision.Section 5 who knowingly violates this Section shall be liable for an administrative fine of not more than $10,000 per violation in an administrative enforcement action brought by the Attorney General. Each day on which an automated decision toolAutomated decision tool"Automated decision tool" means a system or service that uses artificial intelligence and has been specifically developed and marketed to, or specifically modified to, make, or be a controlling factor in making, consequential decisions.Section 5 is used for which an impact assessmentImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of Section 10.Section 5 has not been submitted as required under this Section shall give rise to a distinct violation of this Section.
(c) The Attorney General may share impact assessmentsImpact assessment"Impact assessment" means a documented risk-based evaluation of an automated decision tool that meets the criteria of Section 10.Section 5 with other State entities as appropriate.
Section 35 requires deployers to submit completed impact assessments to the Attorney General within 60 days of completion. Knowing violations are subject to administrative fines of up to $10,000 per violation, with each day of non-submission constituting a separate violation. The Attorney General may share impact assessments with other State entities.
10 A violation of this Act constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. All remedies, penalties, and authority granted to the Attorney General by the Consumer Fraud and Deceptive Business Practices Act shall be available to him or her for the enforcement of this Act.
Section 40 designates violations of the Act as unlawful practices under the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505), granting the Attorney General all remedies, penalties, and authority under that Act for enforcement. This creates the primary enforcement pathway beyond the private right of action in Section 30 and the specific administrative penalties in Section 35.
A person who violates the Preventing Algorithmic DiscriminationAlgorithmic discrimination"Algorithmic discrimination" means the condition in which an automated decision tool contributes to unjustified differential treatment or impacts disfavoring people based on their actual or perceived race, color, ethnicity, sex, religion, age, national origin, limited English proficiency, disability, veteran status, genetic information, reproductive health, or any other classification protected by State law. "Algorithmic discrimination" does not include: (1) the offer, license, or use of a high-risk artificial intelligence system by a deployer for the sole purpose of: (A) the deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or (B) expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or (2) an act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in the Civil Rights Act of 1964.Section 5 Act commits an unlawful practice within the meaning of this Act.
Section 95 adds a new Section 2HHHH to the Consumer Fraud and Deceptive Business Practices Act confirming that a violation of the Preventing Algorithmic Discrimination Act constitutes an unlawful practice within the meaning of the Consumer Fraud Act. This is the conforming statutory insertion that effectuates the enforcement linkage described in Section 40.