Amendment to Illinois Human Rights Act — AI in Employment Decisions (Public Act 103-0804)
Illinois AI Employment Act
Data last verified: March 23, 2026
- Effective Date
- January 1, 2026
- Enforcement Date
- Not specified in statute
Summary
Illinois HB 3773 (P.A. 103-0804) amends the Illinois Human Rights Act to prohibit AI-driven employment discrimination, bars use of zip codes as proxy for protected classes, and requires notice when AI is used in employment decisions. Enforced through IHRA framework: IDHR/IHRC administrative process, private civil action in circuit court, and AG pattern/practice actions.
Who It Applies To
1+ employees within Illinois during 20+ calendar weeks within the calendar year of or preceding the alleged violation
- Min Employees:
- 1
All thresholds must be met
Penalties
- Penalty Range
- $0 – $16,000per violation
- Cure Period
- Not specified in statute
- Private Right of Action
- Yes — private right of action available
- Enforcement Body
- Illinois Department of Human Rights (IDHR) + Illinois Human Rights Commission (IHRC) + Circuit Court (private action, § 7A-102/10-102) + Attorney General (pattern/practice, § 10-104)
- Notes
- Multi-track enforcement: (1) Administrative: IDHR charge then IHRC adjudication, civil penalties up to $16,000 first offense per 8A-104(K). (2) Private: complainant may file civil action in circuit court within 2 years per 7A-102/10-102, actual + punitive damages. (3) AG: pattern/practice actions with penalties up to $50,000 first offense per 10-104(B)(1).
Requirements (3)
- Non-Discrimination775 ILCS 5/2-102(L)(1)
This law prohibits the use of AI in employment decisions in a manner that results in discrimination based on protected characteristics.
- Disclosure775 ILCS 5/2-102(L)(2)
This law requires employers to provide notice to employees when AI is used in employment decisions.
- Non-Discrimination775 ILCS 5/2-102(L)(1)
This law prohibits employers from using zip codes as a proxy for protected classes when using AI in employment decisions.
Claire tracks 31 state and local AI laws across 23 US states. No prescriptive federal AI compliance statutes have been enacted. EU AI Act and sector-specific regulations are not covered.
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