Law / United States / 
Illinois
Illinois Human Rights Act, use of artificial intelligence in employment decisions
775 ILCS 5/2-102(L) (P.A. 103-0804, eff. )
In force since .
An AI sector rules rule binding public and private bodies.
- How the hook was established
- express
- What makes it apply
- Operator establishment
- Obligation class
- Prohibition, Disclosure
- Audit expectation
- none
What it requires
- Do not use artificial intelligence in a way that has the effect of subjecting an employee or applicant to discrimination on the basis of a protected class, and do not use a zip code as a proxy for a protected class, in recruitment, hiring, promotion, discipline, discharge, or the terms and conditions of employment.NIST AI RMFMEASURE 2.11
- Notify an employee or applicant whenever you use artificial intelligence for the employment purposes described above; the Illinois Department of Human Rights sets the timing, circumstances, and means for that notice by rule.NIST AI RMFMEASURE 2.8
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MEASURE 2.8Risks associated with transparency and accountability – as identified in the MAP function – are examined and documented.
- MEASURE 2.11Fairness and bias – as identified in the MAP function – are evaluated and results are documented.
- NIST AI 600-1
- GAI-RISK-07Human-AI Configuration
- GAI-RISK-08Information Integrity
- MIT mitigations Draft
- FINOS AIGF
- AIR-DET-021Agent Decision Audit and Explainability
- ETSI EN 304 223
Our reading of where this law's duties sit in each framework, and in the NIST AI RMF, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.
What it makes you log
Logging duty
Section 2-102(L) prohibits an employer from using artificial intelligence that has the effect of discriminating on a protected class, or as a zip code proxy, and requires notice to an employee or applicant whenever artificial intelligence is used for those employment purposes. It creates no duty to keep a log, record, or audit trail of that use; the rules the Department of Human Rights must adopt govern only the timing, circumstances, and means of notice, not any record of it.
- Kind
- None
- As of
What this law does
Section 2-102(L)(1) makes it a civil rights violation for an employer to use artificial intelligence that has the effect of subjecting employees to discrimination on the basis of a protected class, or to use zip codes as a proxy for a protected class, with respect to recruitment, hiring, promotion, discharge, discipline, or the terms and conditions of employment.
Section 2-102(L)(2) separately makes it a civil rights violation for an employer to fail to provide notice to an employee that the employer is using artificial intelligence for those purposes; the Illinois Department of Human Rights is directed to adopt rules on the timing, circumstances, and means of that notice.
The Human Rights Act's own employer definition reaches the State and every political subdivision as well as private employers, so this duty binds government and private employers alike.
When LexLint raises it
When your app profile says your app makes employment decisions.
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