The Artificial Intelligence Video Interview Act Mandates Reporting for Employers Electing to Use Video-Recorded Interviews
The Artificial Intelligence Video Interview Act (the “AI Act”), which was enacted in 2020, placed certain notice, consent, confidentiality, and data destruction responsibilities on employers who elected to use artificial intelligence (AI) to evaluate job candidates in Illinois.
On January 1, 2022, the AI Act was amended to add reporting requirements for employers who elect to use video-recorded interviews. Pursuant to the amendment, employers who rely solely on analysis of video interviews to determine whether an applicant will be selected for an in-person interview must collect and report the following demographic data: (i) the race and ethnicity of applicants who are and who are not selected for an in-person interview after the use of AI analysis; and (ii) the race and ethnicity of applicants who are hired. Notably, the AI Act does not define the term “artificial intelligence,” nor does it specify how the statute will be enforced.
Affected employers must report such data to the Illinois Department of Commerce and Economic Opportunity (the “DCEO”) by December 31st of each year. The DCEO will then be required to analyze the data reported and report to the Governor and General Assembly by July 1st of each subsequent year whether the data disclosed evidences racial bias in the use of AI.
The DCEO’s website does not currently provide employers with instructions as to how to submit the subject data. Employers who elect to use video-recorded interviews for job candidates should, nevertheless, be mindful of the December 31st deadline and ensure that they are prepared to submit the relevant data to the DCEO by the end of the year.