Artificial intelligence (AI) is rapidly changing the landscape of job recruitment. In Illinois, the Artificial Intelligence Video Interview Act (AIVIA), codified as 820 ILCS 42/, aims to regulate the use of AI in video interviews, protecting job applicants from potential misuse. This article breaks down the key provisions of the act and what job seekers in Illinois should be aware of.
The AIVIA, which went into effect on January 1, 2020, sets specific guidelines for employers using AI to analyze video interviews of job applicants for positions based in Illinois. The Act was amended in 2022 to include demographic data reporting requirements. You can view the full legislation on the Illinois General Assembly website.
Disclosure of AI Use (820 ILCS 42/5): Employers must notify applicants before the interview if AI will be used to analyze their video and assess their suitability for the role. This transparency is crucial for informed consent.
Explanation of AI Functionality (820 ILCS 42/5): Applicants are entitled to understand how the AI works and what general characteristics it uses to evaluate them. Knowing what the AI is looking for can empower applicants during the interview process.
Consent Requirement (820 ILCS 42/5): Employers must obtain explicit consent from the applicant before using AI to analyze their video interview. An applicant's evaluation cannot proceed without this consent.
Video Sharing Limitations (820 ILCS 42/10): Employers are restricted in sharing applicant videos. Videos can only be shared with individuals whose expertise or technology is essential for evaluating the applicant. This protects applicant privacy.
Right to Video Deletion (820 ILCS 42/15): Applicants can request deletion of their video interviews. Employers must comply within 30 days and ensure any recipients of the video also delete it, including backup copies. This provision gives applicants control over their data.
Demographic Data Reporting (820 ILCS 42/20): If an employer relies solely on AI analysis to determine if an applicant gets an in-person interview, they are required to collect and report demographic data (race and ethnicity) of applicants who:
This data must be reported annually to the Illinois Department of Commerce and Economic Opportunity (DCEO) by December 31st. The DCEO then analyzes the data for potential racial bias and reports its findings to the Governor and General Assembly by July 1st of each year.
The AIVIA is important for several reasons including:
Here are some actionable steps you can take:
For additional insights into employment law and employee rights, consider exploring resources from organizations like the U.S. Department of Labor.
The Artificial Intelligence Video Interview Act is a significant step towards regulating the use of AI in hiring, ensuring fairness, transparency, and data privacy for job applicants in Illinois. By understanding your rights under this law, you can navigate the AI-driven recruitment landscape with confidence.
