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HR TECH SHOULD WORRY ABOUT “THE AI VIDEO INTERVEW ACT”

Housebill 2557 is now an ACT. Housebill 2557 was passed May 29th by the Illinois House of Representatives and it sailed through the Illinois Senate without anyone voting – no. That kind of unanimous political bipartisanship almost never happens, especially in these days and times.So, why is it happening now? What is the act that once was Housebill 2557? Well, I’m glad you asked.

Housebill 2557 is now known as the “Artificial Intelligence Video Interview Act.”

The Act prohibits Illinois employers from using “artificial intelligence” to evaluate a job applicant’s video interview unless the employer does three things first:

  • 1 – employer notifies the applicant that they will be using AI in the video interview process,
  • 2 –  employer explains to the applicant “how the artificial intelligence works”
  • 3 –  employer obtains consent from the applicant to use artificial intelligence in the video interview; before the interview begins

The Act also also requires employers to delete the video interviews within 30 days of request by the applicant.

Oboy…

Now, I imagine companies like Hirevue are quite concerned about this little development as it seems that this bit of legislation is targeting them specifically, and maybe other video interviewing platforms in the space like Montage, Gecko, Panna and Autoview

Does this legislation spell doom to them all, at least in Illinois? Umm… I doubt it. I imagine lawyers having a field day with this one based on what I read in JDSupra. For those who don’t know, JDSupra is a website thatdoes legal analysis and it had a field day tearing this ACT apart. Here are three quotes that caught most of my attention:

  1.  “[Artificial Intelligence]” is not defined in the Act. Here, Illinois assumes that the term is self-evident, which is not necessarily true. For instance, would assigning scores to an applicant based on tone of voice, facial expressions and word choice via algorithmic means count? (seems like “yes”) What about using an algorithm to automatically create a transcript of the interview? (seems like “maybe”) What about use of an algorithm to smooth and/or edit the video to key moments? (seems like “possibly”)
  2. The Act vaguely requires the employer to describe “how the artificial intelligence works” as well as “what general types of characteristics” the AI uses to evaluate applicants. We would expect describing the “how” would be challenging to do with any degree of specificity, particularly since the details of the algorithm are likely not fully-known to the employer…
  3. The law requires all copies of videos (expressly “including all … backups”) to be deleted within 30 days of the request. While sounding simple in concept, the vendors and customers in this space may have difficul

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