Illinois Employers:

On May 15, the Illinois Department of Human Rights (IDHR) issued a Notice of Proposed Amendments which instruct employers when they are required to disclose their reliance on AI in employment decisions. The Proposed Amendments clarify Public Act 103-804, which went into effect January 1, 2026.

The Proposed Amendments provide that employers may not use AI in any “covered employment decision” unless the employer provides notice of such use to employees, prospective employees, and their exclusive bargaining representatives. Covered employment decisions are decisions regarding hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, or the terms, privileges, and conditions of employment.

Employers must disclose the adoption of any new process using AI for covered employment decisions within 30 days, regardless of whether the employer’s use of AI causes any unlawful discrimination. This includes use of any computer-based assessments or tests to measure an employee or prospective employee’s skills, personality, aptitude, etc. It also includes use of AI for targeted job advertisements, resume-screening, interview analysis, data analysis, productivity analysis, and work assignments.

Notably, notice is not required when an employer uses AI for “other business operations purposes, such as to design a job posting or generate text or images for promotional purposes, and not for the purpose of making, influencing, or facilitating a covered employment decision or in ways that are merely incidental to the employment decision.”

Employers’ notice must include:

  • The developer, product name (if applicable), and vendor (if applicable) of the artificial intelligence system;
  • Which covered employment decision was impacted by AI;
  • The purpose of the AI system (i.e., summarizing resumes, scoring resumes, analyzing a video interview, etc.);
  • The types of job positions the AI tool will be used for;
  • A point of contact at the company to whom questions may be directed; and
  • The right to request a reasonable accommodation and instructions or a point of contact to request such information.

While the Proposed Amendments are subject to notice and comment over the next month, Illinois employers should begin taking inventory of their AI systems in preparation for these potential new requirements.