Artificial intelligence (AI) has become increasingly integrated into the workplace – and concerns about its use in employment decisions have been growing.
While Colorado was the first state to enact legislation that addresses the use of algorithmic discrimination due to AI use in employment decisions, Illinois is now following suit. HB 3773, which was signed into law on Aug. 9, 2024, amends the Illinois Human Rights Act to offer workers specific protections against AI-related discrimination.
What does HB 3773 do?
The new law forbids the use of AI in ways that ultimately discriminate against protected classes in employment-related activities like hiring, promotions, layoffs and disciplinary actions. It also bans using zip codes as proxies for protected classes. Finally, employers are required to notify employees when AI is involved in employment decisions.
Why are there concerns about discrimination and AI?
AI was initially embraced as a way to remove the “human element” from big employment decisions – so the initial thought was that AI would make decisions fairer, not more discriminatory. So, what’s the problem?
Essentially, it comes down to this: AI systems are often trained on historical data, so the output may reflect existing biases. If a company’s past decisions when hiring, promoting or firing favored some groups over others, the AI data could basically “learn” to be biased. This is also true when certain groups have been historically underrepresented in particular industries or roles.
Employees who believe that they have been subjected to AI-related discrimination can seek redress for their injuries through the Illinois Human Rights Act. Legal guidance can help make your options clearer if you think that has happened to you.