Is the Use of Artificial Intelligence in the Employee Application Process Worth the Risk? JD Supra

As companies increasingly look to artificial intelligence ("AI") solutions to streamline their business practices, a new area has popped up: the use of artificial intelligence in analyzing videos of job interview applicants. For companies with tremendous volumes of job applicants, AI can be helpful in sorting through the applicant pool to narrow down the applicants who companies may want to bring in for in-person interviews or hire. As with most things technology, the laws are struggling to keep up with the rapid pace of innovation. However, Illinois continues to lead the nation in increasingly regulating the use of advancing technology. Though riddled with undefined terms and ambiguities, the Illinois Artificial Intelligence Video Interview Act (the "Act")--effective January 1, 2020--requires businesses who utilize AI to evaluate job applicants' video interviews to provide notice and obtain prior consent before doing so, and includes restrictions on video sharing and retention.