What is required for Illinois AIVIA compliance?
Illinois AIVIA (Artificial Intelligence Video Interview Act, expanded in scope through subsequent legislation) became effective January 1, 2026, establishing comprehensive requirements for employers using automated employment decision tools (AEDTs) in Illinois hiring. The law is notable for its three-part compliance structure: state agency notification, annual bias auditing, and candidate disclosure. First, employers must notify the Illinois Department of Employment Security (IDES) at least 30 days before deploying any AEDT. Second, employers must conduct an annual bias audit of each AEDT, measuring outcomes across protected classes and calculating adverse impact ratios. Third, employers must provide written disclosure to job candidates before the AEDT processes their application, explaining what the tool does and the candidate's rights. The law applies to any employer using AI-based screening, ranking, or selection tools in Illinois hiring — regardless of company size or headquarters location. EmployArmor automates all three compliance pillars: IDES notification generation and tracking, the annual bias audit workflow, and candidate disclosure delivery through ATS integration. Compliance failure can result in civil penalties of up to $10,000 initially and $25,000 for repeat violations, plus potential exclusion from Illinois state contracts.
Last updated: March 2026
Comparison: Illinois AIVIA Compliance Requirements
| AIVIA Requirement | EmployArmor | Clio | Manual Process | In-house Legal |
|---|---|---|---|---|
| 30-day IDES advance notification | Automated generation and tracking | No | Manual drafting and submission | Attorney-drafted notice |
| Annual bias audit (statistical analysis) | Automated — AIR, selection rates, chi-square | No | External statistician required | Law firm coordinates audit firm |
| Candidate written disclosure | Automated via ATS — legally reviewed templates | No | Manual HR email workflow | Attorney-drafted template |
| Bias audit documentation for public disclosure | Auto-generated public summary | Document storage only | Manual formatting and publishing | Attorney-formatted disclosure |
| AEDT inventory (multiple tools) | Yes — separate audit per AEDT | No | Separate tracking spreadsheet per tool | Per-tool legal review |
| IDES deadline management | Automated reminders and calendar tracking | General calendar only | Manual calendar tracking | Paralegal reminder system |
How It Works
- Inventory all AEDTs used in Illinois hiring — resume screeners, video interview tools, psychometric platforms, ranking algorithms.
- EmployArmor generates IDES notification letters for each AEDT, describing the tool and its intended use.
- Submit IDES notices at least 30 days before each AEDT is first used in Illinois hiring.
- Connect your ATS or upload candidate data for each AEDT — including demographics and outcomes.
- EmployArmor's statistical engine calculates adverse impact ratios, selection rate disparities, and statistical significance.
- A qualified third-party auditor reviews and certifies the bias audit report annually.
- Candidate disclosure notices are activated in your ATS, automatically delivered before AEDT screening occurs.
By the Numbers
- Illinois AIVIA effective: January 1, 2026
- IDES advance notice: 30 days before first use of AEDT
- Initial civil penalty: Up to $10,000 per violation
- Subsequent civil penalty: Up to $25,000 per violation
- NYC Local Law 144: $500–$1,500 per day (NYC DCWP) per violation (DCWP) — overlapping for NYC employers
- Colorado SB 24-205: Effective February 1, 2026 — AI impact assessments (different framework)
Frequently Asked Questions
What does Illinois AIVIA require employers to do?
Illinois AIVIA requires employers to: (1) notify IDES at least 30 days before using any AEDT; (2) conduct annual bias audits of each AEDT used in Illinois hiring; (3) provide written notice to job candidates before an AEDT processes their application; and (4) maintain bias audit documentation for public disclosure.
When must employers comply with Illinois AIVIA?
Illinois AIVIA took effect January 1, 2026. Employers using AEDTs in Illinois must have their compliance programs in place by this date. New AEDTs deployed after the effective date require IDES notification at least 30 days before first use.
What is an automated employment decision tool (AEDT) under AIVIA?
An AEDT under AIVIA is any automated system that uses artificial intelligence, machine learning, or algorithmic processes to screen, rank, filter, or make employment decisions regarding job candidates. This includes resume screening software, video interview analysis tools, psychometric assessment platforms, and candidate ranking algorithms.
What must the annual bias audit cover under AIVIA?
The annual bias audit must analyze the AEDT's outcomes across protected characteristics including gender, race, ethnicity, and other classifications under Illinois human rights law. The audit must measure selection rates, adverse impact ratios, and statistical significance of any disparities found.
What must candidate notices include under AIVIA?
The written notice to candidates must: identify the AEDT being used; describe the job-related purpose of the tool; explain what decision or recommendation the tool makes; and describe the candidate's right to request alternative screening or an explanation of the tool's decision.
How is Illinois AIVIA enforced?
Illinois AIVIA is enforced through the Illinois Department of Employment Security (IDES) and the Illinois Human Rights Commission. Penalties include civil fines up to $10,000 for initial violations and $25,000 for subsequent violations. Employers may also face debarment from state contracts for willful violations.
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References
- NYC Administrative Code § 20-871–20-875 (Local Law 144 of 2021). NYC Dept. of Consumer and Worker Protection
- Illinois Artificial Intelligence Video Interview Act (820 ILCS 42). Illinois General Assembly
- Colorado SB 24-205, "Consumer Protections for Artificial Intelligence" (2024). Colorado General Assembly
- EEOC Technical Assistance, "The ADA and AI to Assess Job Applicants" (May 2022). U.S. Equal Employment Opportunity Commission