Overview
- The IDHR published detailed proposed regulations in the Illinois Register on May 15 that would implement the 2024 HB 3773 amendments and opened a 45-day public comment period that was to end June 29.
- Days after publication the agency announced it was withdrawing and postponing the rules and paused a planned public hearing, leaving the timing and substance of any final rule uncertain.
- The proposals would have required notice whenever AI “influences or facilitates” covered employment decisions, defined that trigger broadly to include recruiting, screening, assessments, scheduling, performance monitoring, promotions, discipline, and similar actions.
- Notices would need specific content and accessibility features, including the AI developer/vendor/product, purpose, data categories, affected positions, a contact, multilingual plain-language formats, and information on requesting accommodations.
- Employers faced added burdens under the draft: recurring notice duties (annual, within 30 days of new or substantially updated systems, and in job postings), expanded record retention from one year to three years for employment records and AI disclosures, and limited exemptions for purely non-decision business uses of AI.