Illinois HB 3773 (AI in Employment Decisions)
Compliance reference — obligations, penalties, applicability, and primary sources.
Last verified May 6, 2026
Summary
Illinois HB 3773, enacted as Public Act 103-0804, amends the Illinois Human Rights Act to make it a civil rights violation for an employer to use artificial intelligence that has the effect of subjecting employees or applicants to discrimination on the basis of protected classes. The covered employment decisions include recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, and terms, privileges, or conditions of employment.
The official Public Act text also prohibits using zip codes as a proxy for protected classes and requires employers to provide notice when AI is used for the covered employment purposes. The Illinois Department of Human Rights is directed to adopt implementation and enforcement rules, including the circumstances requiring notice, the timing of notice, and the means for providing notice. Effective January 1, 2026 (official Public Act text retrieved 2026-05-06).
Enforcement is via the Illinois Department of Human Rights complaint process. Remedies follow standard IHRA procedures and may include actual damages, civil penalties, attorney's fees, and injunctive relief — there is no fixed per-violation cap.
Key obligations
Specific compliance requirements derived from the primary source. Each item links to the relevant statutory section where applicable.
- GovernanceRole: deployer775 ILCS 5/2-102(L)
Refrain from using AI that has the effect of subjecting employees or applicants to discrimination on the basis of protected classes under the Illinois Human Rights Act in employment decisions.
Deadlineongoing
- DisclosureRole: deployer775 ILCS 5/2-102(L)
Provide notice to employees and applicants when AI is being used to make employment-related decisions covered by the amended IHRA.
Deadlineat_use
Sources
Every fact above is sourced from the official primary source. Independent verification recommended before acting on the information.
Last verified May 6, 2026
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