Data, privacy and AI rules

Due in 60 days12Regulations190

12 due in 60 days · 190 regulations

Illinois AI in Employment Law (HB 3773)

In force Illinois · In force Jan 1, 2026 · no upcoming deadlines

Official text
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Deadlines

MilestoneJun 2 · 5 months ago · Source
IDHR withdraws and postpones proposed rulesIDHR withdraws the Subpart J proposal and postpones the June 10, 2026 hearing; no new date announced.
MilestoneMay 15 · 5 months ago · Source
IDHR proposed notice rules publishedIDHR publishes proposed Subpart J rules on AI notice in the Illinois Register.
Takes effectJan 1 · 10 months ago · Source
AI anti-discrimination and notice duties applyProhibition on discriminatory AI use and the employee notice requirement take effect.
MilestoneAug 9, 2024 · 2.2 years ago · Source
HB 3773 signedGovernor Pritzker signs Public Act 103-0804.

Summaries for reference, not legal advice. Check the official text.

What it does

Makes it a civil-rights violation for an employer to use AI that has the effect of discriminating against employees or applicants on the basis of a protected class in recruitment, hiring, promotion, discipline, discharge or the terms of employment. It also bars using ZIP codes as a proxy for a protected class. Employers must notify employees when they use AI for these decisions; IDHR is to set the notice rules.

Who it applies to
Employers covered by the Illinois Human Rights Act, generally those with 1 or more employees in Illinois, using AI (including generative AI) for covered employment decisions.
Penalties
Remedies under the Illinois Human Rights Act (e.g., actual damages, back pay, attorney fees) through IDHR charge process and Human Rights Commission or civil action. No AI-specific fine amount.
Enforced by
Illinois Department of Human Rights; Illinois Human Rights Commission; private civil action after the IDHR process
Official name
Illinois HB 3773 (Public Act 103-0804), amending the Illinois Human Rights Act on artificial intelligence in employment
Citation
Public Act 103-0804; 775 ILCS 5/2-102(L)
Topics
AI
Verified 2026-09-22 ogletree.com
Research notes

The statute applies without implementing rules. As of September 2026, IDHR's notice rules were withdrawn and pending, with no timeline announced. The 1-employee IHRA coverage threshold is general IHRA law and was not re-verified for this record.

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Questions about Illinois AI in Employment Law (HB 3773)
What are the Illinois AI in Employment Law (HB 3773) compliance deadlines?
Aug 9, 2024: HB 3773 signed. Jan 1, 2026: AI anti-discrimination and notice duties apply. May 15, 2026: IDHR proposed notice rules published. Jun 2, 2026: IDHR withdraws and postpones proposed rules.
When does Illinois AI in Employment Law (HB 3773) take effect?
Illinois AI in Employment Law (HB 3773) took effect on Jan 1, 2026.
Who does Illinois AI in Employment Law (HB 3773) apply to?
Employers covered by the Illinois Human Rights Act, generally those with 1 or more employees in Illinois, using AI (including generative AI) for covered employment decisions.
What are the penalties under Illinois AI in Employment Law (HB 3773)?
Remedies under the Illinois Human Rights Act (e.g., actual damages, back pay, attorney fees) through IDHR charge process and Human Rights Commission or civil action. No AI-specific fine amount.