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

JurisdictionIllinois
LevelState
StrengthStronger
EnactedAugust 9, 2024
CitationP.A. 103-0804, amending 775 ILCS 5; P.A. 104-0425 (SB 2487, 2026 civil penalty amendment)
Private right of actionYes, individuals can sue
PenaltiesActual 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
TopicsAI hiring and employment · automated decision-making · AI disclosure and transparency · consumer protection
StatuteIllinois General Assembly: Public Act 103-0804 (HB 3773)

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