Employment Legislation in Illinois Regulates BIPA and AI

In the span of 10 days in August 2024, Illinois Governor J.B. Pritzker signed into law a series of significant employment legislation, paving the way for a new employment landscape beginning in 2025 and 2026. The new legislation includes:

    • Adding new requirements for employers utilizing artificial intelligence in their decision-making processes, and imposing liability under the Illinois Human Rights Act if those AI systems create a discriminatory effect;
    • Passing long-awaited reforms to the Biometric Information Privacy Act  that limit the number of violations an individual may accumulate under the law

Read the full Alert on the Duane Morris website.

Artificial Intelligence Employment Law Enacted in Illinois

On August 9, 2024, Illinois enacted its landmark artificial intelligence employment law, HB 3773. This legislation, which amends the Illinois Human Rights Act, endeavors to prevent discriminatory consequences of using AI in employment decision-making processes. This law goes into effect on January 1, 2026. Illinois is one of 34 states that have either enacted or proposed laws regulating the use of artificial intelligence. Read the full Alert on the Duane Morris website.

Employment Discrimination and Artificial Intelligence

Artificial intelligence took the employment world by storm in 2023, quickly becoming one of the most talked about and debated subjects among corporate counsel across the country. Companies will continue to use AI as a resource to enhance decision-making processes for the foreseeable future as these technologies evolve and take shape in a myriad of employment functions. As these processes are fine-tuned, those who seek to harness the power of AI must be aware of the risks associated with its use. This featured article analyzes two novel AI lawsuits and highlights recent governmental guidance related to AI use. As the impact of AI is still developing, companies should recognize the types of claims apt to be brought for use of AI screening tools in the employment context and the implications of possible discriminatory conduct stemming from these tools. Read the full featured article here.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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