Illinois AI Video Interview Act

The Illinois Artificial Intelligence Video Interview Act requires employers to notify applicants before using AI to analyze video interviews and to explain, on request, how the AI works and what characteristics it evaluates. It's one of the earliest US laws targeting AI specifically in the interview stage, predating the broader wave of AEDT legislation.

What Triggers This Law?

The law applies specifically to video interviews analyzed by AI — not live video calls with a human interviewer, and not AI used elsewhere in the hiring funnel like resume screening. If an employer records a candidate's video responses and runs them through AI to generate a score, personality assessment, or fit rating, this law is triggered.

What Must Employers Disclose?

Before the interview, employers must notify the applicant that AI will be used to analyze the video. If the applicant asks, the employer must explain how the AI works and what general types of characteristics it uses to evaluate fitness for the position — not proprietary model details, but a plain-language explanation of what's being measured.

Is Consent Required?

Yes. Employers need the applicant's consent to use AI analysis on their video interview. This makes the Illinois law more consent-driven than audit-driven compared to NYC Local Law 144, which focuses on independent bias testing rather than individual consent.

Does It Restrict Sharing the Video With Third Parties?

Yes, the law limits who a recorded interview can be shared with and requires deletion within a set period after the recruiting process concludes, unless both parties agree otherwise — a data-retention obligation that many general candidate screening workflows aren't built to track automatically.

How Does This Interact With Broader Illinois AI Law?

This Act predates and operates alongside Illinois HB 3773; HB 3773 addresses discriminatory outcomes from AI generally, while the Video Interview Act addresses consent and disclosure specifically at the interview stage. An employer using AI-scored video interviews in Illinois needs to satisfy both.

How Should Recruiting Teams Operationalize This?

Recruiting workflows should build in a disclosure step before scheduling any AI-analyzed video interview, a documented consent capture, and an automatic deletion trigger tied to when the recruiting process closes. Treating this as a scheduling-system setting, not a manual reminder, prevents the most common compliance gap: a recruiter forgetting disclosure during a high-volume hiring push.

Discover how our HR solutions streamline onboarding, boost employee engagement, and simplify HR management

Request a Demo

Frequently Asked Questions

Q: Does this law apply to live video interviews with a human interviewer?
A: No, it applies specifically when AI is used to analyze the recorded video responses, not standard human-conducted video calls.

Q: Is applicant consent required before AI analyzes a video interview?
A: Yes, employers must obtain consent in addition to providing notice that AI will be used.

Q: What must an employer disclose if an applicant asks how the AI works?
A: A general, plain-language explanation of the characteristics the AI evaluates, not proprietary technical details.

Q: How long can an employer keep the recorded video interview?
A: The law limits retention and generally requires deletion within a set period after the recruiting process ends, unless both parties agree otherwise.

Q: Does this law overlap with Illinois HB 3773?
A: They address different things: this Act covers consent and disclosure at the interview stage, while HB 3773 covers discriminatory AI outcomes more broadly.

Q: Can an applicant refuse AI video analysis and still be considered for the role?
A: The law is built around obtaining consent, implying applicants have the ability to decline, though it doesn't guarantee continued consideration without it.