If your company uses AI to analyze video interviews and you have or are seeking Illinois-based employees, you have been out of compliance since January 1, 2026. The Illinois Artificial Intelligence Video Interview Act is in effect, the Department of Labor can enforce it, and the penalty is $500 per violation per day.
The good news: compliance is straightforward. It requires four things: a disclosure notice, a consent form, an opt-out process, and a policy that AI is not the sole factor in hiring decisions. This checklist walks through all four.
TL;DR: Illinois requires written disclosure before AI video interview analysis, candidate consent, an opt-out option for human review, and a prohibition on using AI as the sole hiring factor. In effect January 1, 2026. Penalty $500/day per violation. Copy-paste consent language and 6-step checklist below.
What the law covers
The Illinois Artificial Intelligence Video Interview Act (820 ILCS 42) covers AI tools that analyze candidate-submitted video interviews. The AI analysis typically evaluates:
- Verbal content (word choice, topic coverage, response structure)
- Vocal attributes (tone, pace, confidence indicators)
- Facial expressions and non-verbal cues (in tools using computer vision)
- Behavioral signals (eye contact patterns, movement)
The law applies when:
- The employer uses AI (machine learning, computer vision, natural language processing) to analyze video interview content
- The candidate is an Illinois resident
- The analysis is used in a hiring decision for a position in Illinois, or for a remote position where the candidate is an Illinois resident
The law does not apply to:
- Video interviews that are only recorded for human review with no AI analysis
- AI tools that transcribe interviews but do not score or evaluate candidates
- Reference check tools or background check tools that do not analyze video
The 6-step compliance checklist
Step 1: Identify which AI video interview tools you use
List every tool in your hiring process that analyzes video. Check:
- Dedicated AI interview platforms (HireVue, Pymetrics, Spark Hire AI features, etc.)
- AI features in video conferencing platforms used for interviews
- Internal tools or custom ML models used to evaluate candidate video submissions
For each tool: confirm whether it performs AI analysis of video content (not just recording). Most vendors have documentation clarifying this. If unclear, ask your vendor directly: "Does this product use AI, machine learning, or automated analysis of video content?"
Step 2: Update your job application and interview invitation language
Before any AI video interview, candidates must receive written notice that includes:
- That AI analysis will be used to evaluate the video interview
- What characteristics the AI evaluates (request this from your vendor)
- How the AI analysis is used in the hiring decision (whether it scores, ranks, or flags candidates)
The notice must be sent before the candidate submits their video. An email at the time of the interview invitation works.
Step 3: Add a consent step to your interview process
Candidates must provide written consent before the AI video interview. A checkbox on a form or a reply email confirmation both work. You must store evidence of consent.
The consent form should state:
- What the AI will analyze (characteristics listed in your vendor disclosure)
- What will happen with the analysis (how it feeds into your hiring process)
- That the candidate can opt out and request human review (see Step 4)
Step 4: Create an opt-out and human review option
Candidates must be able to decline AI video analysis and request that their interview be reviewed by a human instead. Your process must accommodate this.
Practically: if a candidate opts out, your options are (a) conduct a live human video interview, (b) conduct a phone interview, or (c) use a different non-AI video interview format. You cannot require AI video interview participation as a condition of proceeding in the hiring process.
Step 5: Document that AI is not the sole factor
Illinois law prohibits using AI video analysis as the only basis for a hiring decision. Document your process to show that human review is part of every hiring decision.
In practice: ensure that any candidate who advances (or is rejected) after an AI video interview is subject to a human review step. This can be a recruiter review of the AI scores alongside the candidate profile, or a structured interview with a human interviewer.
Step 6: Train your recruiting team
Everyone involved in AI-assisted hiring decisions needs to understand:
- What the AI tool measures and what it does not
- That the AI analysis is one input, not the decision
- How to respond to a candidate who asks to opt out
- How to document the human review step
Training should be completed before using the AI tool with Illinois candidates, and when any new AI hiring tool is added.
Sample consent language (copy-paste)
Use this language in your interview invitation or as a standalone consent form:
AI Video Interview Disclosure and Consent
[Company Name] uses artificial intelligence to help evaluate video interview submissions. Before submitting your video interview, please review this disclosure.
What AI analysis will be used: We use [Tool Name] to analyze your video interview submission. The AI evaluates the following characteristics: [INSERT VENDOR'S CHARACTERISTIC LIST, e.g., verbal content, vocal patterns, communication structure].
How the analysis is used: The AI analysis is one factor in our evaluation of your application. It is not the sole basis for any hiring decision. Our recruiting team reviews all AI analysis alongside your full application.
Your options:
- You may proceed with the AI video interview format.
- If you prefer not to have your video analyzed by AI, you may request an alternative interview format by emailing [CONTACT]. We will schedule a live interview or phone screen instead.
Consent: By submitting your video interview, you confirm that you have read this disclosure, you understand that AI will analyze your video, and you consent to this analysis.
To decline AI analysis, please contact [CONTACT EMAIL] before submitting your video.
Customize [Company Name], [Tool Name], [CONTACT], [CONTACT EMAIL], and the specific AI characteristics list from your vendor's documentation.
Which AI interview tools are subject to the law
Confirmed AI video analysis tools commonly used by employers:
| Tool | AI video analysis? | Notes |
|---|---|---|
| HireVue | Yes | Evaluates verbal content, communication structure. Removed facial expression analysis in 2021 but AI remains. |
| Pymetrics | Yes | Cognitive and emotional attribute analysis |
| Spark Hire | Partial | Standard plan is human-review video; some AI features on higher tiers |
| Zoom AI Companion | Partial | Meeting summaries yes; hiring-specific AI varies by configuration |
| Curious Thing | Yes | AI phone and video interview analysis |
| Custom/internal tools | Yes (if ML/AI used) | Must evaluate your internal tooling |
If your vendor is not on this list, ask them directly whether AI analysis of video content is included in your plan.
Interaction with federal law and other state laws
EEOC guidance: The EEOC has issued guidance that AI hiring tools can create disparate impact liability under Title VII if they systematically screen out protected groups at higher rates. Illinois law does not address disparate impact directly, but using an AI tool that generates discriminatory outcomes creates federal exposure on top of Illinois state exposure.
New York City Local Law 144: New York City has a separate law requiring bias audits for automated employment decision tools. If you hire in both NYC and Illinois, you need to comply with both. NYC requires an annual third-party bias audit of the AI tool in addition to the disclosure obligations.
Colorado SB 189 (effective January 1, 2027): Colorado's updated AI law covers automated decision-making in consequential decisions including employment. Prepare for Colorado compliance alongside Illinois.
Best practice: Implement disclosure, consent, and opt-out processes as a universal baseline for all candidates, not just Illinois residents. This reduces administrative complexity and extends protection to all applicants regardless of state.
