Illinois Human Rights Act (HB 3773 AI amendment)
Effective date
Penalty
AG pattern-or-practice: up to $50,000 per violation (no priors), $75,000 (one prior within 5 years), $100,000 (two or more priors). Each affected individual…
Obligations mapped
3 obligations
Legislative update
IDHR circulated draft implementing rules (Subpart J) at a December 2025 stakeholder meeting. Final rules have not been published yet. The draft rules add specifics on notice content, delivery timing, and recordkeeping.
Overview
If you work for or apply to a job at an Illinois company, they cannot use AI tools that have the effect of discriminating against you based on your race, sex, age, disability, or other protected characteristics. This includes using your zip code as a stand-in for race or ethnicity. Your employer must tell you when AI is being used in decisions about hiring, promotions, discipline, or other employment matters. There are no safe harbors. If the AI tool produces discriminatory outcomes, the employer is liable even if they did not intend to discriminate.
This is an AI-specific state law.
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Who this applies to
This regulation applies to the following roles:
- Developers of covered AI systems
- Deployers and users of covered AI systems
- Organizations operating in Illinois
This regulation applies to both companies that build AI products and companies that use AI tools from other vendors.
HB 3773
AI categories covered
- Employment and hiring
Specific AI use cases:
- Resume screening and ranking
- Candidate assessment and scoring
- Workforce scheduling and optimization
- facial biometric
- voice biometric
- fingerprint biometric
What this requires you to do
3 obligations identified from statutory analysis.
775 ILCS 5/2-102(L)(2)
775 ILCS 5/2-102(L)(1)
IDHR Draft Rules 2520.110(a)(4)
Regulation summaries are simplified for readability and may not capture every nuance of the underlying statute. Verify important details against primary sources linked on this page.
Enforcement and penalties
AG pattern-or-practice: up to $50,000 per violation (no priors), $75,000 (one prior within 5 years), $100,000 (two or more priors). Each affected individual may be a separate violation. Private right of action through IDHR charge process with actual damages, emotional distress, and attorneys' fees.
Private right of action: plaintiffs may bring direct claims in addition to government enforcement.
Penalty amounts are based on statutory text and may be subject to adjustment, judicial interpretation, or enforcement discretion.
Legislative history
rulemaking
IDHR releases draft rules Subpart J: Use of Artificial Intelligence in Employment
effective
Takes effect
signed
Governor Pritzker signs HB 3773
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Illinois AI regulation guide lists every tracked rule for this jurisdiction with timelines and obligation tallies.
Regulation summaries are simplified for readability and may not capture every nuance of the underlying statute. Verify important details against primary sources linked on this page.