Question 1

What is the Illinois AI Video Interview Act (AIVIA) consent requirement?

Accepted Answer

Illinois AIVIA (820 ILCS 42/15) requires employers to obtain written consent from every job applicant before using artificial intelligence to analyze their video interview. Consent must be given before the interview, must explain what AI characteristics are evaluated, and must identify who will have access to the results. Verbal consent or a generic privacy acknowledgment does not satisfy AIVIA.

Question 2

What must an AI video interview consent form include?

Accepted Answer

Under 820 ILCS 42/15, the consent form must inform the applicant: (1) that AI will be used to analyze the interview, (2) the characteristics or traits the AI evaluates, (3) who will have access to the AI analysis and video, and (4) how long the video will be retained. The form must be provided before the interview begins and the applicant's acknowledgment must be documented.

Question 3

Does Colorado require AI video interview consent?

Accepted Answer

Yes. Colorado's AI Act (Colo. Rev. Stat. § 6-1-1703) requires employers to provide notice and obtain consent before using high-risk AI systems in employment decisions, including AI video interview analysis. The consent requirements are similar to Illinois AIVIA but are part of a broader framework covering all high-risk AI in consequential decisions. Failure to provide required notice triggers enforcement by the Colorado Attorney General.

Question 4

What is the 30-day video deletion right under AIVIA?

Accepted Answer

Under Illinois AIVIA, applicants who were not hired have the right to request deletion of their AI video interview recording. The employer must delete the recording within 30 days of the request. Employers cannot share the video with third parties for any purpose other than operating the AI analysis system. Failure to delete upon request is a separate violation under 820 ILCS 42.

Question 5

What happens if an applicant opts out of AI video interview analysis?

Accepted Answer

Employers cannot reject or penalize an applicant solely because they declined AI video analysis. Under state anti-retaliation provisions and EEOC guidance on AI hiring, applicants who opt out must be offered an alternative assessment path. EmployArmor's opt-out tracking workflow routes opt-out candidates to a human-reviewed alternative and documents the routing for compliance records.

Question 6

When does Illinois AIVIA enforcement begin?

Accepted Answer

AIVIA took effect January 1, 2026. The Illinois Department of Labor is the primary enforcement agency. The first enforcement wave is expected in Q2/Q3 2026, targeting employers without documented written consent records. Civil complaints can also be filed by applicants who did not receive required consent disclosures.

Question 7

Does NYC Local Law 144 require consent for AI hiring tools?

Accepted Answer

NYC LL144 (NYC Admin. Code § 20-870) requires employers to notify candidates before AI tools are used in their assessment. While LL144 focuses on bias audits and public disclosure, candidate notice under the law's implementing rules is also required. EmployArmor's consent tracking tool covers both AIVIA (Illinois) consent requirements and NYC LL144 notice requirements with jurisdiction-specific forms.

Question 8

How should employers document AI video interview consent?

Accepted Answer

Consent must be documented with: the applicant's name, the date and time consent was given, the content of the consent form provided, the applicant's electronic or written signature or acknowledgment, and confirmation that consent was obtained before the interview began. Verbal consent alone does not satisfy AIVIA. EmployArmor generates timestamped consent records for every applicant and stores them in an audit log accessible for regulatory review.

Question 9

What are the penalties for AIVIA consent violations?

Accepted Answer

AIVIA provides a private right of action for applicants who were not provided required consent disclosures. Employers who violate AIVIA may face civil damages including actual damages and injunctive relief. The Illinois Department of Labor can also assess administrative penalties. Because the enforcement wave is just beginning, the range of penalties being assessed is still developing — but the risk of class-style aggregate actions covering multiple applicants is significant.

Question 10

Do I need separate consent forms for each state's AI hiring laws?

Accepted Answer

Yes. Illinois AIVIA, Colorado SB24-205, and NYC LL144 each have different consent/notice requirements. A single generic consent form is unlikely to satisfy all three. EmployArmor's state-specific consent form generator produces the correct form for each jurisdiction based on where the applicant is located and what AI tools are being used in that hiring process.

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