United States of America: Passed Amendment to the Illinois Human Rights Act (HB 3773) including regulation to the use of predictive data analytics in employment decisions

On 19 April 2024, the Amendment to the Illinois Human Rights Act (HB 3773) including regulation to the use of predictive data analytics in employment decisions was passed by the Illinois General Assembly on third reading. The Amendment stipulates that employers using predictive data analytics in employment decisions, such as recruiting, hiring, promotion, and renewal of employment, must not consider an applicant's race or zip code as a proxy for race. In the passed version, Predictive Data Analytics is defined as the "the use of machine learning algorithms for the purpose of predicting outcomes", a slight change from the introduced version of the bill. However, the Amendment does not prohibit the use of predictive data analytics to support the inclusion of diverse candidates in employment decisions. This regulation applies to any person employing one or more employees within Illinois for 20 or more calendar weeks in the year of or preceding the alleged violation.