New 2020 Illinois Law on Video Interviews and Use of Artificial Intelligence

Larry Wilson, MSW, LSW | Social Worker, Career Counselor

Illinois Public Act 101-0260, effective January 1, 2020, addresses the use of video interviews by Illinois employers.

Section 5 of the Act deals with video interviews where artificial intelligence (AI) is used by the employer to evaluate interviewees as to fitness for a job.  It requires employers to:

  • Let you know before a video interview that AI will be used to evaluate your fitness for the position(s) they are interviewing for

  • Let you know how the AI works, and what characteristics it considers.

  • Get your consent to the use of AI to evaluate your video interview.  Without your consent, the employer is prohibited from using AI to evaluate your video interview.

Section 10 of the Act provides that copies of the video interview can be shared only with those individuals whose expertise or technology is needed to assess your fitness for a position.

Section 15 allows you to request that the employer destroy all copies of your interview within 30 days of your request.  This includes copies they have given to others (such as under Section 10), and also includes all backup copies. 

Reference:  http://www.ilga.gov/legislation/publicacts/101/PDF/101-0260.pdf