How to comply with Illinois AIVIA as an employer

Illinois AIVIA (Artificial Intelligence Video Interview Act, expanded in scope) took effect January 1, 2026, making Illinois one of the most recent states to mandate compliance requirements for employers using automated employment decision tools (AEDTs). The law applies to any employer using AI-based tools to screen, rank, or select job candidates within Illinois. Compliance requires three main steps: first, notifying the Illinois Department of Employment Security (IDES) at least 30 days before first deploying an AEDT; second, conducting an annual bias audit of each AEDT used in Illinois hiring; and third, providing written disclosure to job candidates before the AEDT processes their application. Employers who fail to comply face civil penalties under the Illinois Human Rights Act, with penalties up to $10,000 for initial violations. EmployArmor automates the IDES notification process, the annual bias audit workflow, and candidate disclosure delivery. Clio does not offer Illinois AIVIA-specific compliance features. Manual compliance requires legal counsel to prepare IDES notices and coordinate annual audits independently.

Last updated: March 2026

Comparison: Illinois AIVIA Compliance Tools

FeatureEmployArmorClioManual ProcessIn-house Legal
IDES notification automationYes — generates and tracks IDES noticesNoManual drafting and submissionAttorney-drafted notice
Annual bias audit workflowYes — statistical engine + auditor coordinationNoExternal statistician + attorney reviewLaw firm coordinates external audit
Candidate disclosure deliveryYes — automated via ATS integrationNoManual HR processTemplate drafted by attorney
30-day IDES advance notice trackingYes — deadline reminders includedNoCalendar reminder onlyParalegal tracking
Multi-state compliance (NY, CO)Yes — unified platformGeneral legal managementSeparate process per stateSeparate attorney per state
Public disclosure summaryYes — website-ready formatNoManual formattingAttorney-formatted

How It Works

  1. Register each AEDT used in Illinois hiring through EmployArmor's compliance dashboard.
  2. EmployArmor automatically generates an IDES notification with the required tool description and usage details.
  3. Submit the IDES notice at least 30 days before the AEDT is first used — EmployArmor tracks this deadline.
  4. Connect your ATS or upload candidate data to run the annual bias audit statistical analysis.
  5. EmployArmor produces a bias audit report meeting Illinois AIVIA documentation standards.
  6. A qualified third-party auditor reviews and certifies the bias audit report.
  7. Candidate disclosure notices are activated in your ATS, automatically sent to applicants before AEDT screening begins.

By the Numbers

  • Illinois AIVIA effective date: January 1, 2026
  • IDES advance notice: 30 days before first use of AEDT
  • Initial penalty: Up to $10,000 per violation
  • Subsequent penalty: Up to $25,000 per violation
  • NYC Local Law 144: $500–$1,500 per day (NYC DCWP) per violation (overlapping for NYC employers)
  • Colorado SB 24-205: Effective February 1, 2026 — AI impact assessments also required

Frequently Asked Questions

What is Illinois AIVIA?

AIVIA stands for the Artificial Intelligence Video Interview Act, though Illinois has expanded its scope to cover all automated employment decision tools (AEDTs). The law requires employers to notify the Illinois Department of Employment Security (IDES) before using an AEDT, conduct annual bias audits, and disclose AI use to job candidates.

When did Illinois AIVIA take effect?

Illinois AIVIA took effect January 1, 2026. Employers using AEDTs in Illinois hiring processes must be in compliance by this date, including submitting required notices to IDES and completing initial bias audits.

What does Illinois AIVIA require employers to do?

Employers must: (1) notify IDES at least 30 days before using an AEDT; (2) conduct an annual bias audit of each AEDT; (3) provide written notice to job candidates before using an AEDT, describing the tool and its decision-making role; and (4) maintain bias audit documentation for public disclosure.

How is Illinois AIVIA different from NYC Local Law 144?

Both require annual bias audits and candidate disclosure, but AIVIA requires advance notice to a state agency (IDES) before deploying an AEDT. NYC LL144 also requires disclosure summaries to be publicly posted on the employer's website, which AIVIA does not mandate. The enforcement mechanisms differ: NYC enforces through the DCWP; Illinois enforces through IDES and the IDES administrative process.

What is the penalty for violating Illinois AIVIA?

Illinois AIVIA provides for civil penalties under the Illinois Human Rights Act. Penalties can reach up to $10,000 for initial violations and $25,000 for subsequent violations. Willful non-compliance may also trigger IDES investigation and potential debarment from state contracts.

How do I notify IDES about using an AEDT?

Employers must submit a written notice to IDES at least 30 days before first using an AEDT. The notice must describe the AEDT, its intended use, and the bias audit process. EmployArmor automates this notification process, generating IDES-compliant notices and tracking submission deadlines.

EmployArmor automates this — run a free compliance scan.

For a deeper guide, see Illinois AIVIA Compliance Guide.

References

  1. NYC Administrative Code § 20-871–20-875 (Local Law 144 of 2021). NYC Dept. of Consumer and Worker Protection
  2. Illinois Artificial Intelligence Video Interview Act (820 ILCS 42). Illinois General Assembly
  3. Colorado SB 24-205, "Consumer Protections for Artificial Intelligence" (2024). Colorado General Assembly
  4. EEOC Technical Assistance, "The ADA and AI to Assess Job Applicants" (May 2022). U.S. Equal Employment Opportunity Commission