Artificial Intelligence for interview process in Illinois

To be at a spearhead position, the state legislature of Illinois adopted the Artificial Intelligence (AI) Video Interview Act on May 29, 2019. Governor J.B. Pritzker signed the bill on August 9, 2019. The Act is to come into effect on January 1, 2020. The Act provides for the employers to videotape the whole interview to determine the candidate’s suitability for the position. It would also determine the applicant’s ability to perform tasks.  Public Act 101-0260, Section 5.

The Act specifies that before conducting a video tape interview, it is the duty of the employer 1) to convey the applicant that the videotaped interview will be going to be considered for assessing their suitability for the position [Section 5 (1)]; 2) the employer is duty bound to explain about the working of AI and how it is using to assess the candidate [Section 5 (2)]; 3) the interviewer also must obtain the consent before conducting such type of interviews [Section 5 (3)]. Furthermore, if a candidate refuses to give his consent for using AI in the interview, the employer shall not consider the candidate for the position [Section 5].

The Act also states that the employer can share such videos only with the person who is an expert in the department or with those where necessarily required to assess the candidate [Section 10].

Also, a candidate’s request to delete the interview video must be complied within 30 days from the date of request. Section 15. If the employer has already shared a copy of the video with any individual, the latter should also be instructed to comply with the request. Id.

The Act is short and does not specifically contain any definitions. The notion is that it is applying to all employers hiring employees, and protecting any candidate for that position, regardless of where the interview occurs. The Act does not specify the definition of AI and what it constitutes. Neither has it specified the form that the notice provided to candidates must take, or explain how the AI works. Finally, the 30-day destruction requirement likely runs in conflict of certain federal- and state-mandated document retention requirements, and may interfere with the litigation process.

Illinois is the foremost state to pass a law by amending the practice of AI in the interview process. Although there are very few employers who are currently using such technology to evaluate candidates, there could be a possibility that it may be used in large scale as this technology continues to grow.