Illinois Employers Using AI to Screen Applicants Could Face Litigation, Bloomberg Reports

Bloomberg Law interviewed Shook Of Counsel Erin Bolan Hines about the Artificial Intelligence Video Interview Act (AIVIA) in "Law on Hiring Robots Could Trigger Litigation for Employers," October 11, 2019. AIVIA is a first-in-the-nation statute that requires employers to take additional transparency steps involving use and destruction of videos when using “hiring robots” as a screening tool for applicants in Illinois. 

Enforcement of AIVIA is not clear and defense attorneys who advocate for employers are monitoring to see if it will lead to class actions alleging abuses of employees’ biometric information. Hines told the publication she predicts plaintiffs will develop theories under the Biometric Information Privacy Act (BIPA) to “test the waters.”

“There is a hurdle because there is no private right of action in the artificial intelligence statute, but there are some creative plaintiff’s lawyers out there,” stated Hines.

She advised employers using AI hiring systems to make sure they have developed comprehensive policies and procedures pertaining to both BIPA and AI.

“This AI technology is the new wave so employers need to be prepared,” Hines said. “We already saw that with BIPA.”

The new law goes into effect January 1, 2020.