REGULATORY GUIDE
Illinois Artificial Intelligence Video Interview Act (AIVAA)
Requirements for employers using AI to analyze video interviews of job applicants in Illinois.
Effective Date
January 1, 2020
Jurisdiction
State of Illinois
Scope
AI Video Interviews
Enforcement
Private Right of Action
Overview
The Illinois Artificial Intelligence Video Interview Act (820 ILCS 42) was one of the first laws in the United States to regulate the use of AI in employment decisions. It specifically targets the use of artificial intelligence to analyze video interviews of job applicants.
Unlike NYC LL144 (which requires bias audits) or the Colorado AI Act (which requires impact assessments), Illinois AIVAA focuses primarily on notice, consent, and data handling requirements. It does not mandate statistical bias analysis, but compliance may still require understanding how your AI video tools affect different demographic groups.
What Does AIVAA Cover?
AIVAA applies when all three of the following conditions are met:
- The employer asks applicants to submit video interviews as part of the hiring process
- Artificial intelligence is used to analyze the video (facial expressions, voice analysis, content analysis, etc.)
- The applicant is applying for a position located in Illinois
Important Distinction
AIVAA applies specifically to AI analysis of video interviews. It does not cover resume screening tools, chatbot assessments, or other non-video AEDTs. However, if you use both video interview AI and other AEDTs, you may be subject to multiple regulations (AIVAA + LL144 + Colorado, etc.).
Key Requirements
1. Notice Requirement
Before the interview, you must notify the applicant:
- That AI will be used to analyze the video interview
- How the AI works and what characteristics it evaluates
2. Consent Requirement
You must obtain consent before using AI to analyze the video:
- Consent must be affirmative (not just implied by participation)
- Applicants have the right to refuse and should not be penalized for doing so
3. Data Handling Requirements
Strict rules govern how video data must be handled:
- Limited sharing: Videos may only be shared with persons whose expertise is necessary to evaluate the applicant
- Destruction on request: If the applicant requests deletion, you must destroy the video within 30 days
- Proactive destruction: All copies of videos must be destroyed (including from third-party vendors)
4. Demographic Reporting (2020 Amendment)
A 2020 amendment added a reporting requirement:
- Employers must collect and report demographic data on applicants screened by AI
- Reports go to the Illinois Department of Commerce and Economic Opportunity
Key Differences from NYC LL144
| Aspect | Illinois AIVAA | NYC LL144 |
|---|---|---|
| Scope | AI video interview analysis only | All AEDTs (resume screening, scoring, etc.) |
| Bias Audit | Not required | Required annually |
| Public Posting | Not required | Required |
| Consent | Affirmative consent required | Notice only (no consent) |
| Data Destruction | On request within 30 days | Not specified |
How Paritas Helps
While AIVAA doesn't require a bias audit, understanding the demographic impact of your AI video tools is still important for:
- Proactive Risk Management: Even without a mandate, knowing whether your video interview AI has disparate impact helps you avoid discrimination claims.
- Multi-Jurisdiction Compliance: If you operate in NYC and Illinois, you likely need both LL144 audits for your resume screeners and AIVAA compliance for video tools. Paritas can audit both.
- Demographic Reporting: Our analysis provides the demographic breakdown data that Illinois now requires employers to report.
- Future-Proofing: As more states adopt comprehensive AI employment laws, having auditable bias data positions you ahead of compliance requirements.
Ensure your AEDT is compliant.
Whether you use video interview AI, resume screeners, or both, Paritas provides the bias analysis you need.