In a groundbreaking move, Illinois has amended its Human Rights Act to address the growing use of artificial intelligence in the workplace. These changes, set to take effect on January 1, mark a significant step forward in protecting workers’ rights in the age of AI.
The amended Act introduces clear definitions for “Artificial Intelligence” and “Generative Artificial Intelligence,” recognizing the increasing role these technologies play in employment decisions. But the law goes beyond mere definitions – it puts real teeth into regulating how AI can be used in the workplace.
Under the new provisions, employers are prohibited from using AI systems that could lead to discrimination based on protected classes. This forward-thinking approach acknowledges that AI systems, if not properly designed and implemented, can perpetuate or even exacerbate existing biases.
Interestingly, the law also bans the use of zip codes as a proxy for protected classes in AI-driven decisions. This provision shows a nuanced understanding of how seemingly neutral data points can be used to discriminate indirectly.
Transparency is another key focus of the amendments. Employers will now be required to notify employees when AI is being used for employment-related decisions. This requirement empowers workers by giving them insight into the processes that affect their careers.
While the AI-related changes are perhaps the most cutting-edge, the amendments also strengthen protections in other areas. These include expanded safeguards against religious discrimination and sexual harassment, as well as more comprehensive accommodations for pregnancy-related conditions.
The Illinois Department of Human Rights is authorized to create rules for implementing and enforcing these new AI-related provisions, which will likely lead to more detailed guidance for employers in the near future.
These amendments to the Illinois Human Rights Act represent a significant step forward in addressing the challenges posed by AI in the workplace. As AI continues to play an increasingly important role in our professional lives, it’s crucial that our laws evolve to ensure that these powerful tools are used fairly and ethically. Illinois is leading the way, and it will be interesting to see if other states follow suit.