Illinois enacts rules for video interviews

Illinois has enacted legislation (House Bill 2557) that establishes new rules for video interviews. House Bill 2557 takes effect Jan. 1, 2020.

Under House Bill 2557, employers that request video interviews and use artificial intelligence to analyze them must:

• Notify each applicant before the interview that artificial intelligence may be used to analyze the applicant's video interview and to consider the applicant's fitness for the position.
• Provide each applicant with information before the interview explaining how the artificial intelligence works and what general types of characteristics it uses to evaluate applicants.
• Obtain, before the interview, consent from the applicant to be evaluated by the artificial intelligence program.

Employers are prohibited from:

• Using artificial intelligence to evaluate applicants who have not consented to its use.
• Sharing applicant videos, except with persons whose expertise or technology is necessary to evaluate whether the applicant is fit for the job.

Upon the applicant's request, employers must delete the videos, and any copies or backups, within 30 days, and instruct others who received the videos to delete them as well.

Compliance Recommendations:

Employers that intend to use artificial intelligence to analyze video interviews should ensure compliance with House Bill 2557.

Please contact your dedicated service professional with any questions.