Using AI in employment decisions in Illinois (HB 3773)
Illinois HB 3773 (AI in employment decisions)
- Status
- In force
- Binding
- Yes
- Object analysed
- Automated decision
- Requirements
- 2
- Next milestone
- —
In short
Amends the Illinois Human Rights Act: bans discriminatory use of AI in employment (including zip-code proxies) and requires notice to employees.
Steps to compliance
- Qualify each AI systemAxes to decide: AI in an employment decision.
- Determine your roleDuties vary by role: Employer.
- Apply the 2 requirementsThey focus on: Fairness & non-discrimination and Transparency & notice.
- Prove it with checks3 checks to document, 3 of which also serve Canada, CoE Convention and AI Promotion Act.
- Keep compliance up to dateEvery known milestone has passed: the obligations apply.
Scope and penalties
- Kind
- Statute
- Scope
- Employers.
- Territorial reach
- Illinois.
- Penalties
- Claims before the Department of Human Rights.
- Jurisdiction
- Illinois
Timeline
Qualifying a system
Classification axes and possible verdicts
AI in an employment decision
Requirements
2 requirements
| Code | Article | Requirement | Applies to | Checks |
|---|---|---|---|---|
| IL-01 | 775 ILCS 5/2-102(L)(1) | No discriminatory effect, including through proxies | ||
| IL-02 | 775 ILCS 5/2-102(L)(2) | Notify employees of AI use |
Checks to document
Evidence collected for a check counts for every regulation that uses it.
| Code | Check | Scope | Themes | Also used by |
|---|---|---|---|---|
| CHK-BIAS | Fairness and bias are evaluated and results documented | System | ||
| VER-028-D-03 | Input data sufficiently representative | System | ||
| VER-030-D-01 | Workers' representatives and workers informed of the use | System |
Themes covered
Frequently asked questions
Who is in scope of IL HB 3773?
Employers. Illinois.
What penalties does IL HB 3773 carry?
Claims before the Department of Human Rights.
When do the IL HB 3773 obligations apply?
Aug 9, 2024: Signed into law; Jan 1, 2026: Effective date.
Is IL HB 3773 binding?
Yes. Kind: statute. Status: in force.
How does IL HB 3773 relate to other regulations?
The same checks serve several texts. Shared checks: Canada (1), CoE Convention (1) and AI Promotion Act (1).
Related regulations
Official sources
Data checked on Sep 25, 2026. General information, not legal advice. Check the official texts and get advice for your situation.
Run these requirements across all your AI systems
TrustFlow inventories your systems, qualifies them under each regulation and collects evidence once for every referential.