Lorna Geiler Labor Law E-Bulletin: AI In Employment
The Illinois Human Rights Act contains provisions regarding the use of artificial intelligence in employment. To refresh your understanding as human resources professionals, I provide this E-Bulletin.
AI Video Interview Act – If your business uses artificial intelligence in analyzing video interviews of job applicants to consider or evaluate their fitness for a particular position, you must provide the applicant notice that you intend to use artificial intelligence, how the particular artificial intelligence mechanism works (specifically, what characteristics it may evaluate) and obtain the consent from the applicant to be evaluated prior to using any artificial intelligence to evaluate the applicant. Any such videos should be shared with only those who have a need to know and only in the context of the disclosed purpose (suitability of employment with company). Videos much be destroyed within 30 days of the applicant’s request and I encourage a written policy regarding same. If you use artificial intelligence as the sole basis for a hiring decision, you are required to provide annual reports to the Illinois Department of Commerce and Economic Opportunity related to the demographic data collected. I encourage you to never rely solely on artificial intelligence.
A more likely use of artificial intelligence is in the day-to-day operations of an organization. Specifically, artificial intelligence may be used to compile data for hiring, promotion, compensation, bonuses, discipline and similar decision-making processes. If artificial intelligence is to be used, I encourage a general disclaimer of same to be added to any job postings, either on commercial job postings websites (Indeed or Monster); the employer’s website, specifically, if open positions are noted on a website; the physical application, if one is used, and also an employee handbook. A suggested general disclaimer would be words to the effect of, “[Company] uses artificial intelligence in its employment decisions including recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or the terms, privileges or conditions of employment. If you have any questions about a particular application, feel free to reach out to the Human Resources Department.”
As always if you have questions or concerns about your employment law needs, please reach out to Meyer Capel and we are happy to assist in guiding you.
