Illinois

The Law requires employers using AI-enabled assessments to notify applicants of AI use, explain how the AI works and the “general types of characteristics” it uses to evaluate applicants, obtain applicants’ consent for its use, and provide specified demographic data to the government on an annual basis.

The Law provides that it is a civil rights violation, with regard to hiring and other employment decisions, to use AI that has the effect of subjecting employees to discrimination, and to fail to provide notice to an employee that the employer is using AI.

The Act is intended to protect performers and other individuals from wrongful use of AI voice or melody replicas. It provides that a provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and is deemed unenforceable if the provision meets all of the following conditions:

• the provision allows for the creation and use of a digital replica of the individual's voice or likeness in place of work the individual would otherwise have performed in person;
• the provision does not include a reasonably specific description of the intended uses of the digital replica; and
• the individual was not either:
• represented by legal counsel who negotiated on behalf of the individual licensing his or her digital replica rights and the licensing terms governing the use of the applicable digital replica exist in a written agreement; or
• represented by a labor union representing workers who do the proposed work and the terms of the individual's collective bargaining agreement expressly covers uses of digital replicas as that term is defined in this Act or in the individual's collective bargaining agreement.

The Law prohibits a person from knowingly distributing, transmitting, or making available to the general public a sound recording or audiovisual work with the actual knowledge that the work contains an unauthorized digital replica.  The Law also provides enforcement rights.