Illinois · statute
Illinois HB 3773: what it requires, and the records to keep
HB 3773 makes it a civil rights violation for an employer to use AI that has the effect of discriminating against employees or applicants on protected grounds, to use ZIP codes as a proxy for protected classes, or to fail to tell employees it uses AI in employment decisions. The notice duty has been in force since 1 January 2026, but the Department of Human Rights' implementing rules were withdrawn in June 2026.
01 / What it requires
What Illinois HB 3773 requires
Employers covered by the Illinois Human Rights Act that use AI in recruitment, hiring, promotion or other employment decisions.
- 01Do not use AI that has the effect of subjecting employees to discrimination based on protected classes in covered employment decisions.
- 02Covered decisions: recruitment, hiring, promotion, renewal, training or apprenticeship selection, discharge, discipline, tenure and terms of employment.
- 03Do not use ZIP codes as a proxy for protected classes.
- 04Notify employees when AI is used for those employment purposes.
02 / AI work
Where it touches AI work
Defines AI broadly (any machine-based system that infers outputs such as predictions, content, recommendations or decisions), including generative AI. The test is discriminatory effect, so intent is not required.
03 / Dates
The dates that matter
HB 3773 signed as Public Act 103-0804
AI discrimination and notice provisions take effect
IDHR proposed notice rules published in the Illinois Register
IDHR temporarily withdraws proposed rules; statutory duties stay in effect
04 / Enforcement
Who enforces it
Illinois Department of Human Rights investigates charges; cases proceed before the Illinois Human Rights Commission or in circuit court, with remedies under the Human Rights Act. No AI-specific penalty amount.
05 / Records
Records an organisation keeps
What an auditor or an inquiry usually asks to see. Your obligations depend on your role and your facts.
- 01Inventory of AI tools used in each employment decision
- 02Employee and applicant AI-use notices with dates and channels
- 03Adverse-impact testing results by protected class
- 04Feature reviews showing ZIP code is not used as a proxy
Optional evidence · where Planisphere fits
Keep a record anyone can check
When your team meets a duty, Planisphere can seal the event it reports as a receipt.
A disclosure shown, a review signed, a model change approved: the event your system reports.
The event becomes a sealed receipt, dated and attributed to whoever is signed in.
Paste the receipt into Verify. No account or key.
A record supports your compliance evidence process. It is not a legal finding or a certification. Systems that call Planisphere's gate API can also hold or refuse an action before it runs.
QUESTIONS
The questions that come next
What does Illinois HB 3773 require employers to do?+
Since 1 January 2026, HB 3773 (Public Act 103-0804) makes it a civil rights violation under the Illinois Human Rights Act for an employer to use AI that has the effect of discriminating on the basis of a protected class in recruitment, hiring, promotion, renewal, training or apprenticeship selection, discharge, discipline, tenure or terms of employment. Employers may not use ZIP codes as a proxy for protected classes, and must notify employees when they use AI for these purposes. The Department of Human Rights must adopt rules on the timing and means of notice. Read the full answer
SOURCES
Go back to the source
Illinois General Assembly
AGORA, Emerging Technology Observatory
CHANGE LOG
What changed, and when
Rebuilt from primary sources; facts checked on this date.
Related: FSMB AI / state boards · State Bar AI Opinions · SOPIPA · NYC Local Law 144 · Colorado AI Act · Texas TRAIGA