Illinois AI in Employment Law (HB 3773)
In force Illinois · In force Jan 1, 2026 · no upcoming deadlines
Deadlines
Summaries for reference, not legal advice. Check the official text.
What it does
Makes it a civil-rights violation for an employer to use AI that has the effect of discriminating against employees or applicants on the basis of a protected class in recruitment, hiring, promotion, discipline, discharge or the terms of employment. It also bars using ZIP codes as a proxy for a protected class. Employers must notify employees when they use AI for these decisions; IDHR is to set the notice rules.
- Who it applies to
- Employers covered by the Illinois Human Rights Act, generally those with 1 or more employees in Illinois, using AI (including generative AI) for covered employment decisions.
- Penalties
- Remedies under the Illinois Human Rights Act (e.g., actual damages, back pay, attorney fees) through IDHR charge process and Human Rights Commission or civil action. No AI-specific fine amount.
- Enforced by
- Illinois Department of Human Rights; Illinois Human Rights Commission; private civil action after the IDHR process
- Official name
- Illinois HB 3773 (Public Act 103-0804), amending the Illinois Human Rights Act on artificial intelligence in employment
- Citation
- Public Act 103-0804; 775 ILCS 5/2-102(L)
- Topics
- ai
Research notes
The statute applies without implementing rules. As of September 2026, IDHR's notice rules were withdrawn and pending, with no timeline announced. The 1-employee IHRA coverage threshold is general IHRA law and was not re-verified for this record.
Related
CCPA / CPRA
Colorado AI Act
Connecticut Data Privacy Act (CTDPA)
Illinois BIPAQuestions about Illinois AI in Employment Law (HB 3773)
- What are the Illinois AI in Employment Law (HB 3773) compliance deadlines?
- Aug 9, 2024: HB 3773 signed. Jan 1, 2026: AI anti-discrimination and notice duties apply. May 15, 2026: IDHR proposed notice rules published. Jun 2, 2026: IDHR withdraws and postpones proposed rules.
- When does Illinois AI in Employment Law (HB 3773) take effect?
- Illinois AI in Employment Law (HB 3773) took effect on Jan 1, 2026.
- Who does Illinois AI in Employment Law (HB 3773) apply to?
- Employers covered by the Illinois Human Rights Act, generally those with 1 or more employees in Illinois, using AI (including generative AI) for covered employment decisions.
- What are the penalties under Illinois AI in Employment Law (HB 3773)?
- Remedies under the Illinois Human Rights Act (e.g., actual damages, back pay, attorney fees) through IDHR charge process and Human Rights Commission or civil action. No AI-specific fine amount.