Illinois HB53 2021

Requires employers that rely solely on AI to analyze video interviews to report the demographic information of candidates who are and are not interviewed in person or hired so the state can identify if there is a racial bias in using AI.

  • Authority: Illinois
  • Parent authority: State governments
  • Jurisdiction: United States
  • Collections: U.S. state and local documents
  • Most recent activity: Enacted
  • Most recent activity date: 2021-01-13

Risk subdomain coverage

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

  • Unfair discrimination and misrepresentation
  • Governance failure

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has minimal coverage of 2 subdomains, focusing narrowly on unfair discrimination (1.1) and governance failure (6.5). Coverage is concentrated on monitoring and reporting mechanisms to detect racial bias in AI-powered video interview systems.

Sector coverage

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the sector are 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 regulation applies broadly across all employment sectors in Illinois, as it governs any employer using AI for video interview analysis regardless of industry. The governance is horizontal rather than sector-specific, affecting hiring practices across multiple economic sectors.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding state statute enacted by the Illinois General Assembly that creates mandatory reporting obligations for employers using AI in video interviews, with clear enforcement mechanisms through a state agency.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Entities: Illinois General Assembly; People of the State of Illinois
  • Summary: The document is enacted by the Illinois General Assembly, representing the People of the State of Illinois, as stated in the opening clause.

Target

  • Entity Types: AI_Deployer
  • Summary: The regulation targets employers who use AI analysis of video interviews as the sole basis for determining whether to grant in-person interviews to applicants.

Enforcer

  • Entity Types: AI_Governance_Actor
  • Entities: Department of Commerce and Economic Opportunity
  • Summary: The Department of Commerce and Economic Opportunity is designated to receive reports, analyze data, and report findings to the Governor and General Assembly.

Monitor

  • Entity Types: AI_Governance_Actor
  • Entities: Department of Commerce and Economic Opportunity; Governor; General Assembly
  • Summary: The Department of Commerce and Economic Opportunity monitors compliance through annual data collection and analysis, reporting findings to the Governor and General Assembly for oversight.

AI Lifecycle Stages

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

  • Operate and Monitor

AI Lifecycle Summary

The document focuses primarily on the Operate and Monitor stage of the AI lifecycle, requiring ongoing collection and reporting of demographic data from AI systems already deployed in video interview processes. It does not address earlier stages like design, data collection, model building, or validation.

Technical Scope

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

  • AI Systems
  • Task-specific AI

Technical Scope Summary

The document explicitly mentions artificial intelligence in the context of video interview analysis but does not define or distinguish between AI models, AI systems, or specific types of AI. It focuses on the application of AI technology rather than technical specifications.

https://www.ilga.gov/legislation/fulltext.asp?DocName=&SessionId=110&GA=102&DocTypeId=HB&DocNum=53&GAID=16&LegID=127865&SpecSess=&Session=
https://agora.eto.tech/instrument/314
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Document data from AGORA, CSET Emerging Technology Observatory.