HB 3773 / Public Act 103-0804 (Illinois Human Rights Act AI amendment)
Illinois · In force since January 1, 2026; implementing rules proposed May 15, 2026 but withdrawn by the Illinois Department of Human Rights on June 2, 2026 with no new timeline announced.
Makes it a civil rights violation for employers to use AI that has the effect of discriminating on a protected characteristic in employment decisions, bars using ZIP codes as a discrimination proxy, and requires employers to notify employees when AI is used in covered employment decisions (recruitment, hiring, promotion, discharge, discipline, and more).
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S.B. 5 (AI hiring notice and bias-testing provision)
Indiana · Effective July 1, 2026.
Requires employers to provide advance notice when AI is used in hiring or other employment actions; allows courts to consider evidence of an employer's bias testing when evaluating discrimination claims involving AI.
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Federal EEOC posture on AI disparate impact
Federal (nationwide) · Guidance rescinded; Title VII's disparate-impact provisions remain codified and enforceable through private litigation such as Mobley v. Workday.
The EEOC's 2023 technical-assistance guidance treating Title VII as fully applicable to algorithmic hiring tools was withdrawn following Executive Order 14281 (April 23, 2025), which directs federal agencies to deprioritize disparate-impact enforcement — but the underlying statute has not changed.
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