Public Act 103-0804

Prohibits employers in Illinois from using AI in employment practices that result in discrimination based on protected classes. Requires employers to notify employees when AI is used for employment decisions. Mandates rule adoption for implementation and enforcement. Effective January 1, 2026.

  • Authority: Illinois
  • Parent authority: State governments
  • Jurisdiction: United States
  • Collections: U.S. state and local documents
  • Most recent activity: Enacted
  • Most recent activity date: 2024-08-09

Risk subdomain coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the risk subdomain are explicitly described.

  • Unfair discrimination and misrepresentation

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

  • Unequal performance across groups

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has good coverage of approximately 3-4 subdomains, with strong focus on unfair discrimination (1.1), unequal performance across groups (1.3), and governance failure (6.5). Coverage is concentrated in discrimination and toxicity risks, with some attention to socioeconomic concerns related to AI governance.

Sector coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the sector are explicitly described.

  • Agriculture, Mining, Construction & Manufacturing
  • Trade, Transportation & Utilities
  • Information
  • Finance & Insurance
  • Real Estate, Rental & Leasing
  • Professional & Technical Services
  • Scientific Research & Development Services
  • Management, Administrative & Support Services
  • Educational Services
  • Health Care & Social Assistance
  • Arts, Entertainment & Recreation
  • Accommodation, Food & Other Services
  • Public Administration (excl. National Security)
  • National Security

All other sectors had no coverage in this document.

Sectors Summary

This document governs AI use across all employment sectors in Illinois. As a state employment discrimination law, it applies universally to all employers with one or more employees, covering every economic sector where employment relationships exist.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding state statute (Public Act) enacted by the Illinois General Assembly with mandatory obligations, civil rights violation enforcement mechanisms, and a specific effective date of January 1, 2026.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Entities: Illinois General Assembly; People of the State of Illinois
  • Summary: The document is a Public Act enacted by the Illinois General Assembly, representing the state legislative body that proposed and enacted this amendment to the Illinois Human Rights Act.

Target

  • Entity Types: AI_Deployer
  • Entities: Employers in Illinois; Employment agencies; Labor organizations
  • Summary: The Act explicitly targets employers, employment agencies, and labor organizations that use AI in employment practices. These entities are deploying AI systems for recruitment, hiring, promotion, and other employment decisions.

Enforcer

  • Entity Types: AI_Governance_Actor
  • Entities: Illinois Department of Human Rights (the Department)
  • Summary: The Department is explicitly designated as the enforcement body with authority to investigate violations, issue notices to show cause, and initiate civil rights violation charges.

Monitor

  • Entity Types: AI_Governance_Actor
  • Entities: Illinois Department of Human Rights (the Department)
  • Summary: The Department is responsible for monitoring compliance through preliminary investigations, reviewing employer notices and postings, and tracking implementation of the AI notification requirements.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

  • Deploy
  • Operate and Monitor

AI Lifecycle Summary

The document primarily addresses the Deploy and Operate and Monitor stages of the AI lifecycle, focusing on the use of AI systems in employment practices and ongoing notification requirements. It does not address earlier stages like planning, data collection, or model development.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

  • AI Systems
  • Generative AI

Technical Scope Summary

The document explicitly defines and covers artificial intelligence and generative artificial intelligence. It does not mention frontier AI, general purpose AI, task-specific AI, foundation models, predictive AI, open-weight models, or compute thresholds. The focus is on AI systems used in employment practices regardless of their technical characteristics.

https://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=103-0804
https://agora.eto.tech/instrument/1336
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Document data from AGORA, CSET Emerging Technology Observatory.