Illinois Artificial Intelligence Video Interview Act (AIVIA)

Citation: 820 ILCS 42/
Effective: January 1, 2020; expanded January 1, 2025 (HB 3773)
Jurisdiction: Illinois — applies when job is in Illinois or applicant resides in Illinois
Enforced by: Illinois Department of Labor (IDOL)
Official Source: Illinois Compiled Statutes – 820 ILCS 42/

Overview

The Illinois Artificial Intelligence Video Interview Act (AIVIA) was the first U.S. law to regulate AI analysis of video job interviews when it took effect January 1, 2020. The 2025 expansion via HB 3773 extended AIVIA's reach to resume screening AI, skills assessments, and candidate ranking algorithms.

Who must comply: Any employer that uses AI to evaluate job applicants for Illinois positions — regardless of where the employer is headquartered.

Bottom line for employers: Before using any AI tool to evaluate Illinois job candidates, you must disclose the AI use, obtain written consent, offer an opt-out, and be prepared to delete data within 30 days on request.

Scope: What AIVIA Covers

AIVIA covers employers and AI tools that:

• Analyze video interviews (facial expressions, tone, speech patterns, non-verbal cues)
• Screen or rank resumes using AI (effective January 1, 2025)
• Score or rank candidates using AI-powered skills assessments (effective January 1, 2025)
• Rank or sort candidates using algorithmic candidate-matching systems (effective January 1, 2025)

Not covered: Human-reviewed videos without AI analysis; internal promotions without AI; general chatbots that don't evaluate candidates.

Key Requirements

1. Pre-Interview Disclosure

Before AI analyzes a candidate's video or data, employers must provide written notice that includes:

• A clear statement that AI will be used
• What the AI evaluates (e.g., facial expressions, speech tone, word choice)
• How the AI's output influences the hiring decision
• The name of the AI vendor or tool

Best practice: Include disclosure in job postings, application portals, and a dedicated consent form before the interview is scheduled.

2. Written Consent (Affirmative Opt-In)

Applicants must provide explicit, written or recorded consent before AI analysis begins:

• Consent must be informed — applicants must understand what they're agreeing to
• Applicants may withdraw consent at any time without penalty to their candidacy
• Consent records must be retained for at least two years

Sample consent language:
"I consent to the use of AI to analyze my video interview for [specific purposes], including analysis of [data types]. I understand I may withdraw this consent at any time."

3. Alternative Non-AI Process

Employers must offer a non-AI evaluation option for any candidate who declines AI analysis. Refusal to consent cannot disqualify a candidate from the hiring process.

4. Data Deletion (30-Day Window)

Upon applicant request, employers must destroy video recordings and all associated AI-generated data within 30 days. Biometric or AI-derived data cannot be retained beyond this window after a deletion request.

5. AI Vendor Disclosure

Employers must inform applicants about:

• The AI vendor's data sources and methodology
• Data retention policies
• AI-generated outputs or scores (upon candidate request)

Penalties

Applicants may also file private civil lawsuits for actual damages, emotional distress, and attorney's fees. Class actions are common and costly.

2025 Expansion: HB 3773

Effective January 1, 2025, HB 3773 extended AIVIA beyond video interviews:

AIVIA and BIPA: Dual Compliance

AIVIA overlaps significantly with the Illinois Biometric Information Privacy Act (BIPA) (740 ILCS 14/). If your AI tool processes biometric data (facial geometry, voiceprints), you must comply with BOTH laws simultaneously.

Key insight: You need two separate consent forms — or one combined form that explicitly addresses both AIVIA disclosure requirements and BIPA's written release requirements.

Compliance Checklist

• Audit all AI tools used in hiring for AIVIA applicability
• Create standardized disclosure templates for AI-evaluated interviews
• Build consent collection into your ATS before video interviews
• Establish an alternative (non-AI) interview pathway
• Set up a data deletion process for 30-day requests
• Review AI vendor contracts for BIPA compliance and indemnification
• Train HR staff on AIVIA and BIPA requirements annually
• Maintain consent and disclosure records for at least 3 years

Enforcement Trends

The IDOL has increased enforcement, particularly targeting:

• Staffing agencies and large employers with high-volume video interviewing
• Employers using third-party AI vendors without proper disclosures
• Cases where biometric data was collected without BIPA-required consents

Multi-million dollar BIPA class action settlements involving video interview AI tools have been common. Proactive AIVIA compliance significantly reduces exposure.

How EmployArmor Helps

EmployArmor automates AIVIA and BIPA compliance:

• Automated disclosures: Pre-built consent forms integrated into your hiring workflow
• Vendor compliance tracking: Flag AI vendors lacking BIPA/AIVIA certifications
• Audit trails: Document every consent, disclosure, and deletion request
• Regulatory alerts: Instant updates when AIVIA or related Illinois laws change

Get your Illinois AI Hiring Compliance Assessment →

Illinois Employer Resources

• Illinois Employment Law Compliance Hub
• Illinois AI Hiring Laws Overview
• Illinois AI Hiring Compliance Guide
• Illinois BIPA Compliance Guide

Frequently Asked Questions

Does AIVIA apply to employers outside Illinois?

Answer: Yes — if you're hiring for a role in Illinois or the applicant resides in Illinois, AIVIA applies. Remote hiring amplifies this risk significantly.

What if an applicant refuses AI consent?

Answer: You must offer an alternative non-AI evaluation pathway. You cannot disqualify or penalize a candidate for refusing consent.

Do I need separate consent forms for AIVIA and BIPA?

Answer: Yes. AIVIA consent and BIPA consent are separate legal requirements. If your AI tool captures biometric data (facial geometry, voiceprints), you need BIPA-specific written consent in addition to AIVIA consent.

What records must I keep under AIVIA?

Answer: At minimum: consent forms, disclosures, AI vendor documentation, and audit trails for 2 years (AIVIA minimum). Best practice is 3 years for broader compliance.

What should I ask AI vendors about AIVIA compliance?

Answer: Ask for: documentation of bias testing, BIPA compliance certifications, data retention policies, third-party audit reports (SOC 2), and contractual indemnification for AIVIA/BIPA claims.

Does AIVIA cover resume screening tools, not just video interviews?

Answer: Yes — as of January 1, 2025 (HB 3773 expansion), resume screening AI, AI skills assessments, and candidate ranking algorithms all require AIVIA-compliant disclosure and consent in Illinois.

What are the penalties for first-time AIVIA violations?

Answer: First-time violations carry a $500 per-violation penalty. Subsequent violations increase to $1,000 per violation. Willful violations under HB 3773 can reach $2,500 per violation.

Last updated: March 2026. This content is for informational purposes only and does not constitute legal advice. Consult qualified employment counsel for guidance specific to your organization.

Related Laws and Resources:

• Illinois BIPA Compliance Guide
• Colorado AI Act (SB24-205)
• NYC Local Law 144 Guide
• Multi-State AI Hiring Laws Overview
• AI Hiring Compliance Guide 2026
• Federal AI Hiring Laws & EEOC Compliance → — AIVIA applies in addition to federal requirements. Title VII disparate impact obligations apply to every employer using AI in hiring.