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became the first state
webRelevant to AI governance discussions as an early example of U.S. state-level legislation targeting specific AI deployment contexts; illustrates how policymakers balance innovation with bias and privacy concerns in high-stakes AI applications.
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Importance: 45/100blog postanalysis
Summary
This legal analysis covers Illinois's Artificial Intelligence Video Interview Act (effective January 1, 2020), the first U.S. state law regulating employer use of AI to analyze job applicants' video interviews. The law imposes transparency, consent, and data destruction requirements on employers, rather than banning the technology outright. It addresses concerns about algorithmic bias, privacy, and the use of facial/gesture/tone analysis in hiring decisions.
Key Points
- •Illinois was the first U.S. state to regulate AI use in employment video interviews, with the law passing unanimously and effective January 2020.
- •The law requires employers to notify applicants, obtain consent, and destroy video data upon request before using AI-based video interview analysis.
- •AI video interview tools claim to assess honesty, attitude, and competence via facial expressions, gestures, tone, and word choice.
- •Critics raise concerns about algorithmic bias where AI may draw inaccurate conclusions based on race, gender, or medical condition due to unrepresentative training data.
- •The legislation chose a transparency-and-consent framework over an outright ban, reflecting a regulatory middle ground for AI in hiring.
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| Page | Type | Quality |
|---|---|---|
| US State AI Legislation Landscape | Analysis | 70.0 |
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Illinois Becomes First State to Regulate Employers’ Use of Artificial Intelligence to Evaluate Video Interviews | Artificial Intelligence Law Advisor | Davis Wright Tremaine
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Illinois Becomes First State to Regulate Employers’ Use of Artificial Intelligence to Evaluate Video Interviews
By
Matt Jedreski ,
Jeffrey S. Bosley , and
K.C. Halm
09.03.19
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With so many questions surrounding artificial intelligence’s effect on the workplace and workforce, one wonders whether future Labor Day celebrations will take on new meaning. Employers in Illinois may face these questions sooner than others following passage of a new Illinois law that regulates the use of artificial intelligence (“AI”) to analyze and evaluate job applicants’ video interviews. The Artificial Intelligence Video Interview Act imposes duties of transparency, consent and data destruction on organizations using AI to evaluate interviewees for jobs that are “based in” Illinois. The measure, passed unanimously in the Illinois legislature and approved by the Governor in early August, becomes effective January 1, 2020.
Applying AI-based analytics to job interviews is an increasingly common practice. Some companies claim their technology analyzes an applicant’s facial expressions, gestures, tone, and word choice to evaluate the applicant’s honesty, attitude, positivity, overall sentiment, and language competence. Others claim their AI will help ensure interview questions focus on effective job performance indicators, or will serve as an initial screening to find candidates with the right skills.
Proponents of the technology suggest it allows companies to reach and interview more candidates from more backgrounds, removes bias from human interviewers performing the same assessments during live interviews, and performs these assessments more scientifically. At the same time, some have raised concerns that this technology may introduce algorithmic bias, wherein the AI technology draws inaccurate or unfounded conclusions about applicants based on their race, ethnic background, gender, or even a medical condition because the technology relied on data that was not representative of the general population or was otherwise insufficient. Still others have raised concerns about the
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