Illinois House Bill 3773 took effect on January 1, 2026, amending the Illinois Human Rights Act to prohibit employers from using AI that has a discriminatory effect on employees or applicants based on any protected class, regardless of whether the discrimination was intentional.
The law covers AI use in recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, and the terms, privileges, or conditions of employment. Employers are also prohibited from using ZIP codes as proxies for protected attributes.
Employers must notify current employees annually and within 30 days of adopting a new or substantially updated AI system. For prospective employees, notice must be included in job postings. Notices must be in plain language, available in languages commonly spoken by the workforce, and accessible to people with disabilities.
The Illinois Department of Human Rights (IDHR) is responsible for enforcement and issued draft implementing rules in 2025 for stakeholder comment. The IDHR already has authority over the AI Video Interview Act and the Artificial Intelligence in Hiring Act, making it the primary AI employment enforcement body in Illinois.
Score note: dimension 9 is already scored at 2 (Illinois has among the most advanced worker AI rights in the US). HB3773 strengthens protections against discriminatory AI effect but does not change the existing score. Dimension 12 remains 0 — the IDHR enforces AI employment conduct rules, but the enforcement mechanism is for discriminatory use of AI in employment decisions, not for failures to train workers.