Everything employers need to know about complying with Illinois' AI hiring laws (820 ILCS 42).
The Illinois AI Video Interview Act (AIVIA) was one of the first US laws regulating AI in hiring.
It specifically targets the use of artificial intelligence to analyze video interviews submitted by applicants for positions based in Illinois.
The law mandates three core "pillars" of compliance:
Take this quick assessment to check if your video interview process triggers AIVIA.
Determine if your video interview process triggers Illinois AI compliance obligations in under 2 minutes.
| Responsibility | Expert Hire | Employer |
|---|---|---|
| Provide consent capture UI | ||
| Explain AI evaluation logic | ||
| Delete data on request | ||
| Ensure videos aren't shared improperly | ||
| Respond to candidate deletion requests |
We build Illinois AIVIA compliance directly into our video interview flows.
Candidates cannot start a video interview without reviewing our clear, plain-language AI notice and clicking "I Consent."
When a candidate requests deletion, our system purges their video data and all derived AI scores instantly across backups.
Typically, no. The law applies to "video interviews" that are analyzed by AI. Live interviews are usually exempt unless an AI tool is recording and analyzing them in real-time.
Yes, but only if you rely solely on AI analysis to offer in-person interviews. You must report data to the DCEO annually.
They cannot be compelled to use the AI video interview. You may need to offer an alternative non-AI interview method.
Ensure your video interview process is compliant with Illinois and other emerging state laws.
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