SPRINGFIELD – State Senator Javier Cervantes is moving legislation to limit the discriminatory use of artificial intelligence in decisions related to employment.

“Companies that are using AI to make employment decisions may be using data points that are discriminatory and having adverse effects on our communities,” said Cervantes (D-Chicago). “Creating a model to predict data patterns is fine, but when it’s used to single out and target workers from lower-income communities, Black and Brown communities, and many of the other underserved communities in Illinois, we cannot sit back and allow it to happen.”

Under House Bill 3773, employers would not be allowed to use artificial intelligence to consider demographic information such as race or ZIP code in employment decisions related to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges, or conditions of employment.

Any employer who uses artificial intelligence in a prohibited manner or fails to notify an employee of the employer’s use of artificial intelligence would be in violation of the Illinois Human Rights Act.

“Employment status should not be determined by the click of a button on a machine, and residents are worried that their livelihood and income could be taken away with no human interaction,” said Cervantes. “This legislation is important to support workers and ensure their rights are not violated on the job.”

House Bill 3773 passed the Senate on Wednesday and is one step closer to becoming law.

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