As employers turn to AI to evaluate job applicants, a U.S. state imposed limits on how such tools can be used.
What’s new: The Illinois legislature passed the AI Video Act, which gives candidates a measure of control over how hiring managers collect and store video interviews.
How it works: The latest generation of video screening tools typically requires applicants to record themselves answering pre-determined questions. A model analyzes their verbal performance and body language to evaluate how well they fit the bill.
- The law requires employers to notify candidates that AI may be used in their interview. They must explain what the technology does and how it works.
- Applicants can opt out of such interviews, and employers must provide an alternative that doesn’t involve AI.
Yes, but: The Illinois law does not define artificial intelligence, lawyers at Reed Smith LLC pointed out in Technology Law Dispatch. Such lack of precision could lead to disputes if candidates believe they’re being evaluated by AI while the company disagrees. Another ambiguity: The law doesn’t specify consequences for violations.
Why it matters: The move-in Illinois is a concrete step amid a rising chorus of calls to rein in AI. Last week, Alphabet’s Sundar Pichai spoke out in favor of regulation, and IBM proposed guidelines for reducing algorithmic bias. The EU will vote on limits for automated decision-making in February.
We’re thinking: The new law may soon run up against the Trump Administration’s recent mandate to keep barriers to innovation in AI low. Nonetheless, it’s important to strike a balance between supporting technology development and protecting the public.