HB 3773 (AI Employment Discrimination)
Illinois Human Rights Act Amendment on AI in Employment (HB 3773)
Illinois · P.A. 103-0804, amending 775 ILCS 5; P.A. 104-0425 (SB 2487, 2026 civil penalty amendment)
- Status
- In effect
- Took effect
- January 1, 2026
- Applies to
- Employers covered by the Illinois Human Rights Act
- Enforced by
- Illinois Department of Human Rights; Illinois Human Rights Commission
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.
Who is protected: Employees and job applicants in Illinois
Legal 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. A 2026 amendment (P.A. 104-0425/SB 2487, also eff. Jan. 1, 2026) added escalating civil penalties assessed by the Human Rights Commission.
Key facts
| Jurisdiction | Illinois |
|---|---|
| Level | State |
| Strength | Stronger |
| Enacted | August 9, 2024 |
| Citation | P.A. 103-0804, amending 775 ILCS 5; P.A. 104-0425 (SB 2487, 2026 civil penalty amendment) |
| Private right of action | Yes, individuals can sue |
| Penalties | Actual damages, civil penalties (up to $16,000 first violation; up to $42,500 with one prior violation within 5 years; up to $70,000 with two+ prior violations within 7 years — separate penalty per violation and per aggrieved party), attorney's fees, and make-whole relief under the IHRA |
| Topics | AI hiring and employment · automated decision-making · AI disclosure and transparency · consumer protection |
| Statute | Illinois General Assembly: Public Act 103-0804 (HB 3773) |
More AI rules in Illinois
- 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)
- AI Safety Measures Act (frontier model audits) · Enacted (not yet in effect)
- Algorithmic rent price-fixing ban · Expired
- Illinois HB 3851 — deepfake cyberbullying in schools (2026) · In effect
- Illinois data center tax-incentive pause (DCEO, July 2026) · In effect
Related AI hiring and employment rules elsewhere
- CA EO N-6-26 (AI Workforce) · 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) · Blocked / in litigation
- Kistler v. Eightfold AI (FCRA, AI hiring) · Blocked / in litigation
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