The Illinois Department of Human Rights (IDHR) recently released draft regulations to implement House Bill 3773 (P.A. 103-0804), which amended the Illinois Human Rights Act (IHRA) to regulate the use of Artificial Intelligence in employment. These rules, known as Subpart J: Use of Artificial Intelligence in Employment, were designed to provide transparency and prevent discriminatory outcomes as the law took effect on January 1, 2026. The draft rules for AI employment must undergo the formal administrative rulemaking process, which includes approval by the Joint Committee on Administrative Rules (JCAR).
Summary of Draft Rules for AI in Hiring
The core of the draft rules focuses on Notice and Anti-Discrimination enforcement.
Mandatory Notice Requirements
Employers must notify both current employees and job applicants if AI is used to influence or facilitate a covered employment decision. Using AI for recruitment, hiring, promotion, discipline, discharge, or setting the terms and conditions of employment triggers this notice. Examples of AI use requiring notice include computer-based assessments or games used to predict skills, automated resume screening tools, video or audio analysis in interviews, and targeted job advertisements. Standard office software like word processors or spreadsheets and map navigation tools are generally exempt unless they are used to generate predictions or recommendations for hiring.
Content of the Notice
The draft rules require that notices be clear and conspicuous and include the name of the AI product, its developer, and its vendor. They must also specify the employment decisions the AI influences, such as hiring or promotions. The notice must explain the purpose of the AI and the types of data it collects, such as scoring resumes based on preset criteria. Additionally, it must provide a point of contact for questions and instructions on how to request a reasonable accommodation.
Prohibited Practices
The law prohibits any use of AI that has a disparate impact or discriminatory effect on protected classes, including race, gender, age, and disability. It specifically prohibits using zip codes as a proxy for protected classes within AI models.
Recordkeeping
Employers are required to preserve records of AI use, including all notices and disclosures, for a period of four years.
Link to Rulemaking & Official Resources
The IDHR manages its formal rulemaking through the Illinois Department of Human Rights (IDHR) website and the Illinois Register.
The "Laws & Rules" or "Public Notices" section of the Official IDHR Website will have the latest text available. Since these are draft rules undergoing the formal administrative process, the specific text and progress can be found in the Illinois Register, where all proposed state rules are published for public comment. The statutory basis for these rules can be found in the full text of the underlying law at 775 ILCS 5/2-102(L).