In August, Illinois enacted HB 2557, the Illinois Artificial Intelligence Video Interview Act that goes into effect on January 1, 2020. In a nutshell, it’s about AI-powered video-interview platforms that apply algorithms to video-recorded interviews to facilitate an employer’s assessment of an applicant.
The new law provides that an employer that asks applicants to record video interviews and uses an artificial intelligence analysis of applicant-submitted videos must:
- Notify each applicant in writing before the interview that artificial intelligence may be used to analyze the applicant’s facial expressions and consider the applicant’s fitness for the position;
- Provide each applicant with an information sheet before the interview explaining how the artificial intelligence works and what characteristics it uses to evaluate applicants; and
- Obtain written consent from the applicant to be evaluated by the artificial intelligence program.
It also provides that an employer may not use artificial intelligence to evaluate applicants who have not consented to the use of artificial intelligence analysis. In addition, an employer may not share applicant videos, except with persons whose expertise is necessary in order to evaluate an applicant’s fitness for a position. Employers are required to delete the videos within 30 days of a request by the potential employee.
Artificial intelligence-based tools, especially in the hiring process, are still in the early stages and Illinois becomes the first state to regulate AI use when it comes to video interviews. If employers are using this technology to make hiring decisions, they must tread carefully and weigh the benefits of those decisions to minimize risk. Although the new law in Illinois is silent on penalties and enforcement, employers in that state who use AI for video interviews must ensure written consent is obtained before proceeding. This is an evolving practice and more legislation and amendments in the future are likely.
Source: Michael Hyatt, Director, HR Government Affairs, MRA – The Management Association