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“Illinois Law On Job Interview AI: What Employers Must Note”

Law 360 Gary Clark

Below is an excerpt:

The same state that brought us the Biometric Information Privacy Act, and its resulting flood of litigation is once again blazing a new trail in protecting workers from emerging technologies. On May 29, 2019, the Illinois Legislature passed the Artificial Intelligence Video Review Act, which will go into effect once it is signed by the governor.

In taking this step, Illinois became the first state to legislate the use of artificial intelligence in the employment context. The new law targets employers that require applicants to provide a video interview and thereafter utilize AI technology to analyze the candidate's body language, speech patterns, and other characteristics to score and predict a candidate's likelihood of success at that organization. Now, employers utilizing such technology must: (1) notify each applicant in writing that AI may be used to analyze the applicant's facial expressions and other characteristics as part of evaluating the applicant's fitness for the position; (2) provide each applicant with a written description of how the AI technology works and what characteristics it uses to evaluate applicants; and (3) obtain written consent from the applicant based on the description provided. This notice and consent must occur before the applicant is required to provide the video interview.

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