Illinois Human Rights Act Amendment on AI in Employment (HB 3773)
Illinois · P.A. 103-0804, amending 775 ILCS 5
Illinois employers may not use AI in ways that discriminate against protected classes in recruitment, hiring, promotion, discipline, discharge, or other employment terms, and may not use zip codes as a proxy for protected characteristics. Employers must notify workers and applicants when AI is used in employment decisions.
Technical detail
P.A. 103-0804 amends the Illinois Human Rights Act (775 ILCS 5) effective Jan. 1, 2026 to prohibit discriminatory use of AI (including generative AI) in enumerated employment decisions and require notice; violations carry full IHRA remedies.
Who is protected: Employees and job applicants in Illinois
Who must comply: Employers covered by the Illinois Human Rights Act
Key facts
| Jurisdiction | Illinois |
|---|---|
| Level | State |
| Status | In effect |
| Protection strength | Stronger protection |
| Effective date | 2026-01-01 |
| Enacted | 2024-08-09 |
| Citation | P.A. 103-0804, amending 775 ILCS 5 |
| Enforced by | Illinois Department of Human Rights; Illinois Human Rights Commission |
| Private right of action | Yes — individuals can sue |
| Penalties | Actual damages, civil penalties, attorney's fees, and make-whole relief under the IHRA |
| Topics | AI hiring and employment · automated decision-making · AI disclosure and transparency · consumer protection |
| Last verified | 2026-07-07 |
| Official source | Illinois General Assembly: Public Act 103-0804 (HB 3773) ↗ |
More AI rules in Illinois
- AI Safety Measures Act (frontier model audits) · Enacted (not yet in effect)
- Algorithmic rent price-fixing ban · Proposed / pending
- Illinois Children's Social Media Safety Act — algorithmic recommendations ban for minors · Enacted (not yet in effect)
- Illinois SB 3114 — Transparency in Downcoding Act · Enacted (not yet in effect)
- IL AV local-preemption (2017) · In effect
- IL Drone Surveillance Act · In effect
Related AI hiring and employment rules elsewhere
- CA EO N-6-26 (AI Workforce) · In effect
- CO ADMT Act (SB 26-189, 2026) · Enacted (not yet in effect)
- Maine LD 61 (employer surveillance disclosure & prohibition) · In effect
- Washington SHB 1672 (employee monitoring notice, ADS restrictions, emotion AI ban) · In effect
- Stop Spying Bosses Act (Senate, 2026) · Proposed / pending
- Meta AI Layoff Discrimination Lawsuit (2026) · In effect
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