Illinois Artificial Intelligence Video Interview Act takes effect Jan 1, 2020

The Illinois state legislature unanimously passed the Artificial Intelligence Video Interview Act, the first state law to regulate artificial intelligence (AI) use in video interviews. The new law will take effect Jan. 1, 2020. Candidates must be notified in advance that “artificial intelligence analysis” may be used to evaluate their application. The notice must and explain how the AI analysis works and “the general types of characteristics” used to evaluate the applicant. Candidates must give consent.  The Act also restricts disclosure of the video interview to anyone other than “persons whose expertise or technology is necessary in order to evaluate an applicant’s fitness for a position” and requires employers to ensure that all copies of the video interview, whether in the possession of the employer or any third party, are destroyed within 30 days of an applicant’s request.

A 2019 survey of 1300 executives conducted by Littler indicated that more than 35% of their organizations are using artificial intelligence (AI) in the recruiting and hiring process. This includes AI-driven review of resumes, algorithm-based reviews of applicants’ responses to test questions, algorithmic analysis of applicants’ publicly available social media content and AI-based assessments of interviews. 

Implications for Workforce Planning

This new legislation attempts to find the balance between art and science when it comes to interviewing. AI technology can provide insights that may not be apparent to the interviewers. However, it can also misinterpret results, creating an unfair bias against an otherwise qualified candidate. As importantly, today’s competition for highly sought-after talent requires intense focus on the candidate experience. Any process that is viewed as negative or intrusive will diminish the company’s employer brand.  At nextSource, we recognize that AI is a tool that, when properly applied, can aid the human interviewer in making an informed decision. We recommend that candidate assessments be based on a variety of factors, including screening by trained recruiters, background checks, verified credentials, references, and interviews. To learn more, contact us at