Artificial Intelligence in Employment (Public Act 103-0804)

Artificial Intelligence in Employment (Public Act 103-0804)

Illinois Department of Human Rights Announces Proposed Rules Related to AI Notice Requirements in Employment Decisions

This law establishes requirements for employers using artificial intelligence and automated decision-making systems in hiring and employment. Employers must provide transparency and ensure these systems don't result in discrimination against protected classes.

ON THIS PAGE:

• News Update - Public Act 103-804
• How to Submit Public Comment
• Public Hearing Information

NEWS UPDATE | Public Act 103-804:

IDHR Announces Proposed Rules Related to AI Notice Requirements in Employment Decisions

CHICAGO-The Illinois Department of Human Rights (IDHR) announced today that proposed amendments to Public Act 103-804 have been published in the Illinois Register, beginning the formal public comment process under the Illinois Administrative Procedure Act.

The law requires that employers using artificial intelligence and automated decision-making systems in hiring and employment must provide transparency through notices and ensure these systems don't result in discrimination against protected classes.

The proposed rules update IDHR's procedures to reflect the expanded deadline for filing employment discrimination charges and establish requirements for employers to notify employees when artificial intelligence is used in employment decisions. The rules also outline when notice must be provided, how it must be delivered, and the conditions under which the notice requirements apply.

"Illinois has some of the most robust civil rights protections in the country and we are constantly looking to keep our civil rights laws current to account for changes in society and behavior, to include possible civil rights harms from the new and coming world of artificial intelligence," said IDHR Director, Jim Bennett. "The legislature recognized that AI uses in employment pose civil rights risks, and enacted Public Act 103-0804 (HB3773) to address discrimination and provide greater transparency through a notice requirement, a lower compliance burden than other approaches."

"These AI notices in employment rules will help create the prospect and possibility of accountability, motivating employers to understand the AI they are using and to make sure they are using such tools responsibly and fairly," said IDHR Senior Policy Advisor Jason Rosenweig, PhD. "The requirements offer flexibility for employers within the requirements set by statute, while ensuring that workers have the opportunity to understand when these new technologies may be affecting them and to exercise their rights effectively."

The public will have 45 days to review and submit comments on the proposed rules. Written comments must be submitted by Monday, June 29, 2026.

How to Submit Public Comments

Those who wish to comment on this proposed rulemaking may submit written comments by Monday, June 29, 2026 (45 days after notice publication):

By Mail:

Illinois Department of Human Rights
ATTN: Jason Rosensweig, PhD, Senior Policy Advisor
555 West Monroe St., 7th Floor
Chicago IL 60661

Or submit via email: [email protected]

All written comments received within 45 days after this issue of the Illinois Register will be considered.

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Public Hearing Information

There will be a public hearing to encourage full public comment and debate during the First Notice comment period:

Date: Wednesday, June 10, 2026
Time: 11:00 a.m. - 12:30 p.m.

In-Person Location:
555 West Monroe Street, 1st Floor, Illinois Room
Chicago, IL 60661

Virtual Participation:
Clilck here to access all event details and Webex link

No registration is required to testify or observe in person. However, those wishing to testify either in person or virtually are encouraged to email: [email protected] no later than 5:00 p.m. on June 8. Oral testimony will be limited to five minutes.

Please contact [email protected] to make any disability access requests as early as possible.

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