Jun 10, 2026, Update: The Illinois Department of Human Rights recently announced that it is temporarily withdrawing its proposed rules that it recently released to allow for more collaboration with other state agencies. Although the Department withdrew its proposed rules, public comments still are welcome and will be received. The statutory obligations of the law providing for the regulation of AI in employment decisions, effective January 1, 2026, still are in effect. Kilpatrick will provide more information as it becomes available. 

The Illinois Department of Human Rights (IDHR) has published proposed regulations implementing Illinois' artificial intelligence notice requirements for employment decisions. The proposed rules were published in the Illinois Register on May 15, 2026, and the public comment period remains open through June 29, 2026. Written comments may be submitted to DHR.AI2026Rules-PublicComment@Illinois.gov.

Key Proposed Changes

Expanded Record Retention Requirements: Proposed amendments to Section 2520.110 would extend the required retention period for employment records from one year to three years. Employers would also be required to preserve records relating to AI-related notices, postings, and disclosures.

New AI Employment Decision Rules: The proposed rules create a new subpart governing the use of artificial intelligence in employment decisions.

Definitions: Section 2520.900 adds definitions for key terms, including "artificial intelligence," "generative artificial intelligence," and "covered employment decision."

Notice Requirements: Under proposed Section 2520.910, employers may not use artificial intelligence to influence or facilitate a covered employment decision unless notice is provided to employees, applicants, and exclusive bargaining representatives.

Examples of AI uses that may trigger notice requirements include targeted recruitment and advertising and resume-screening tools. Notice generally would not be required when AI is used solely to create job postings or generate promotional content.

The proposed rules require employers to provide notice within 30 days of adopting a new or substantially updated AI system and to include notice in job postings for applicants. Notices must also be included in employee handbooks or policy documents, posted at worksites where notices are customarily displayed, and posted on employer intranet and external websites.

Required notice content would include: