Can I use Ai to screen job applicants in Illinois?

What does the law say?

HB 3773 amends the Illinois Human Rights Act. It makes it a civil rights violation to use Ai, including generative Ai, that has the effect of subjecting employees to discrimination on the basis of a protected class. That covers recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, and the terms, privileges, or conditions of employment.

The point that matters is the test: effect, not intent. A tool that screens out a protected group violates the Act even if nobody meant it to.

Separately, give notice as a precaution. HB 3773 includes a notice duty, but IDHR has not issued rules on when, how, or in what form notice must be given, so confirm the current position with counsel before relying on any particular notice form.

What happened to the notice rules?

Here is where Illinois gets confusing. The statute tells the Illinois Department of Human Rights to write rules on when notice is required, the time period for giving it, and the means. IDHR published a formal proposal in the Illinois Register on May 15, 2026.

On June 2, 2026, IDHR withdrew the proposal. As of November 4, 2026, no notice rules are in force and no revised timeline has been announced.

The withdrawal does not suspend the law. The statutory violations have applied since January 1, 2026. What is missing is the detail: the timing, the form, and the triggering conditions for notice. Those were the rules IDHR withdrew.

What would the withdrawn draft have required?

The withdrawn draft is useful as a preview, not a rule. It would have set notice timing and form. Treat it as a preview of where the rules may land, not as an obligation.

But do not treat the gap as a free pass. The statute applies now, and the safest course is to give notice even without a rule telling you exactly how.

What does Illinois not require?

HB 3773 does not require a bias audit, an impact assessment, or a public audit summary. That is different from New York City, where a bias audit is the centerpiece. Illinois reaches discrimination through the civil rights framework instead: the violation, the complaint route, and the penalties are the ones the Human Rights Act already provides.

What do I do first?

Four steps, in order.

1. List every tool that screens, scores, or ranks candidates. Include the ones your recruiters use without telling you.
2. Ask each vendor for bias testing and what data the tool uses. Get it in writing. If a vendor cannot answer, that is information about the vendor.
3. Tell candidates and employees when Ai is involved. Put it in the job posting and in the application flow. Notice is good practice, and it is the easiest to fix.
4. Keep the records. Document the tools, the vendor answers, and the notices given. Watch for IDHR to refile the notice rules, and be ready to adjust when they do.

How does Illinois compare?

Illinois sits between California and Texas. California holds employers liable for disparate impact across automated decisions. Texas reaches only intentional discrimination. Illinois reaches discriminatory effect inside an existing civil rights law. Its notice duty is stated in the statute, but IDHR has not issued rules on timing and form. That last part matters: an applicant who believes Ai led to discrimination can use the same complaint routes as for any other discrimination claim.

HR guidance, not legal advice.

What to do next

Read why Ai needs a strategy for the framework behind the rules, then check the FAQ below for the short answers. If you want someone to map your tools against the Illinois rules and set up notice language now, that is what an Ai risk and compliance audit is for.