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The Warden Watch

Tracking AI Compliance in HR

A public monitor for regulation, litigation and incidents affecting AI in hiring, recruitment and employment decision-making.

Explore regulationView bias audit scope

Regulation intelligence node

Illinois Human Rights Act (as amended by HB 3773)

IHRA-AI-Amendment

PassedDeployer

Jurisdiction

Illinois, United States

Status

Passed

Live from

1 January 2026

Compliance deadline

1 January 2026

What this regulation is

The amendment to the Illinois Human Rights Act prohibits employers from using AI that results in discrimination against protected classes, or using zip codes as a proxy for protected characteristics in employment decisions[cite: 4, 6, 7]. It also mandates that employers notify employees and applicants when AI is used in such decisions[cite: 1, 4, 6].

Regulator or body

Illinois Department of Human Rights

Audience impact

What different teams need to know

HR and recruitment teams

Employers must establish processes to notify candidates and employees of AI usage in recruitment, hiring, promotion, and other employment-related decisions[cite: 4, 5, 7]. Employers are also responsible for ensuring AI tools do not cause discriminatory outcomes, regardless of intent[cite: 4].

HR technology vendors

While the primary legal obligation falls on employers, vendors providing AI hiring tools must be prepared to provide information regarding their tools' mechanics to assist employers in meeting notice and bias-mitigation requirements[cite: 1, 6].

Status intelligence

Current status and key dates

Regulatory status

Public Act 103-0804

Date timeline

Passed
24 May 2024
Live from
1 January 2026
Enforcement / compliance
1 January 2026

Mandatory audit scope

Bias auditing and protected characteristics

Bias audit summary

The legislation prohibits discriminatory effects in AI-assisted decisions but does not explicitly mandate a formal, freestanding external or internal bias audit as a strict legal requirement[cite: 4, 7]. However, legal commentary suggests that proactive bias assessments or impact analyses are critical evidentiary steps for employers to mitigate legal risk and ensure compliance[cite: 4, 5, 6].

Protected characteristics summary

The law protects against discrimination based on a broad list of characteristics defined in the Illinois Human Rights Act, including race, colour, religion, national origin, ancestry, age, sex, marital status, disability, military status, sexual orientation, pregnancy, and citizenship/work authorisation status[cite: 5, 7]. Zip codes are also explicitly prohibited from being used as a proxy for protected classes[cite: 2, 7].

Duties and legal nuance

Obligations and requirement levels

Binding duties are shown as compact cards. Evidence and notes are collapsed by default.

Candidate Notice

BindingApplies to: DeployerExpress
Trigger and timing

Trigger: Use of AI to influence or facilitate a covered employment decision.

Timing: Must be provided to prospective and current employees as defined by future IDHR rules.

Source: 775 ILCS 5/2-102(L)(2)

Evidence
For an employer to fail to provide notice to an employee that the employer is using artificial intelligence for the purposes described in paragraph (1).
Notes
The exact format and timing await further rulemaking from the IDHR[cite: 1, 4, 7].

Bias Audit

MentionedApplies to: DeployerInferred
Trigger and timing

Trigger: Use of AI in employment decisions.

Timing: N/A

Source: 775 ILCS 5/2-102(L)(1)

Evidence
For an employer to use artificial intelligence that has the effect of subjecting employees to discrimination on the basis of protected classes.
Notes
The source document mentions anti-bias testing as evidence that may be considered but does not appear to create a freestanding external, independent, periodic or pre-deployment bias audit requirement[cite: 4, 6].

Actor split

Who the record says is responsible

Primary liability role: Deployer

Employer / employment agency duties

Candidate Notice · BindingBias Audit · Mentioned

Vendor support context

While the primary legal obligation falls on employers, vendors providing AI hiring tools must be prepared to provide information regarding their tools' mechanics to assist employers in meeting notice and bias-mitigation requirements[cite: 1, 6].

Hiring and employment use cases

Affected use cases

ScreeningExpressly coveredExpress

recruitment, hiring

Source: 775 ILCS 5/2-102(L)(1)

Directly referenced in the definition of covered employment decisions[cite: 7].
PromotionExpressly coveredExpress

promotion, renewal of employment

Source: 775 ILCS 5/2-102(L)(1)

Performance ManagementExpressly coveredExpress

discharge, discipline, tenure

Source: 775 ILCS 5/2-102(L)(1)

TerminationExpressly coveredExpress

discharge

Source: 775 ILCS 5/2-102(L)(1)

Primary source

Source

Regulator or body

Illinois Department of Human Rights

Source documents

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Illinois Human Rights Act (as amended by HB 3773) — The Warden Watch