Illinois Proposes Specific Notice Requirements for Employers Who Use AI in Hiring and Employment Decisions

On May 15, 2026, the Illinois Department of Human Rights (IDHR) proposed regulations for employers to provide notice to workers when using artificial intelligence (AI) in hiring or employment decisions.
Public Act 103-084 mandates notice for AI use in various employment aspects, also establishing civil rights violations if AI use leads to discrimination based on protected classes or ZIP code.
Employers must specify AI usage, the AI system’s purpose, the personal data analyzed, and how employees can reach out for questions or accommodations in the notice.
Employers using AI for non-employment decisions, such as promotional material design, are not required to provide notice.
The public has 45 days to review and comment on the proposals, with a virtual and in-person public hearing on June 10, 2026.
Illinois employers should monitor these proposed regulations to be prepared for any necessary updates to their AI notices.

Illinois Proposes Specific Notice Requirements for Employers Who Use AI in Hiring and Employment Decisions | BakerHostetler