The Illinois Department of Human Rights recently postponed a public hearing regarding its implementation of the state’s AI in employment provisions. However, as Affirmity Manager of Consulting Services Brad Wiltshire explores in this compliance alert, the temporary pause doesn’t mean that employers should abandon their compliance plans.
Summary
On June 2, 2026, the Illinois Department of Human Rights (IDHR) announced the temporary cancellation of a public hearing scheduled for June 10, 2026 in a press release to the agency’s website*.
The postponed public hearing concerned proposed administrative rules implementing the Artificial Intelligence in Employment provisions of the Illinois Human Rights Act. Illinois’ key AI in employment law, HB 3773, was signed into law back in August 2024, taking effect on January 1, 2026. Like similar legislation in other states, HB 3773 requires employers to notify applicants and employees when AI is used in employment decisions. It also prohibits using ZIP codes in AI-driven processes as proxies for protected classes, while reinforcing that AI may not be used in any manner that results in discrimination against protected classes.
In mid-May, the IDHR published a proposal clarifying certain aspects of how the statutory obligations should be implemented. This included clarifying that, for the purpose of the law, the definition of an “employer” stretches to third-parties acting on the employer’s behalf. It also provided a non-exhaustive list of AI-use cases, as well as the details that employers would be required to provide in their notices.
The IDHR said the postponement was “necessary to allow for continued collaboration with other state agencies.”
*Note, however, that the release appears to have been lost in a website redesign later in the month. An archived version of the text is available here, and the press office has been notified.
Who Is Impacted and What Actions Are Required?
With more precise reasoning for the postponement unavailable, it’s unclear at this point how the IDHR’s rules may change once other state agencies have a chance to provide input. However, it’s critical for employers to understand that the underlying statutory obligations of HB 3773 remain in effect, as they have been since the beginning of this year.
Employers with establishments or employees in Illinois are therefore advised to use the additional time granted by the postponement to continue to implement and document how they’re complying with the obligations HB 3773 establishes, as well as applicable federal anti-discrimination laws (e.g. Title VII). These employers should also monitor IDHR channels for further rulemaking updates.
How Affirmity Can Help
In addition to our workforce analytics and pay analysis software and services, Affirmity can help you better understand the potential impact and legal defensibility of your artificial intelligence use. We offer compliance risk assessment for AI employment selection systems that examine the AI tool and its use within your organization. We also conduct adverse impact assessments to determine any unintended effects.
Protect your organization and learn more about what Affirmity has to offer: Contact our team of experts today.
About the Author
Brad Wiltshire is a Manager of Consulting Services at Affirmity. He has 18 years of experience developing Affirmative Action Plans as well as EEO-1 and VETS-4212 reports for clients across many industries. A former attorney, Mr. Wiltshire’s legal background has helped him provide ongoing guidance and support for OFCCP audits and other compliance needs. Connect with him on LinkedIn.