Compliance Stuff

As Illinois employers that use AI in employment decisions ready themselves for the new anti-discrimination, notice, and record-keeping requirements starting January 1, the Illinois Department of Human Rights is in the process of drafting the long-anticipated rules for compliance. Indeed, the Illinois Department of Human Rights (IDHR) recently met with stakeholders to propose rules to implement the new law. How will this big change impact your workplace? Here’s what you need to know about the state’s new employment-related AI law, the proposed rule, and the five steps you can take now to prepare. Quick Review of New Illinois AI Obligations Under the new law, employers will need to provide notice to applicants and workers if they use artificial intelligence for hiring, discipline, discharge, or other workplace-related purposes. Employers are also prohibited from using AI in ways that result in workplace discrimination.​ The act includes a broad definition of AI and covers a variety of ...

Illinois lawmakers just made two critical changes to the way the state’s civil rights agency administers its key anti-bias law – no longer requiring parties to participate in a fact-finding conference in every case and creating a new category of penalties that can be levied on employers . These changes affect any charges pending or filed before the Illinois Department of Human Rights (IDHR) on or after the effective date of January 1, 2026 . What do employers need to know about these two amendments to the Illinois Human Rights Act (IHRA) – and what should you do to adjust to the changes? 1. Fact-Finding Conferences No Longer Mandatory Under the IHRA Prior to the 2025 amendments, state law required the IDHR to conduct a fact-finding conference for  every  charge, regardless of merit. This is no longer the case. The IHRA now provides that the IDHR  may  conduct fact finding conferences in its discretion. Fact-finding conferences will proceed, however, if both...

On August 15, 2025, Illinois Governor J.B. Pritzker signed into law two important changes to the Illinois Human Rights Act (IHRA) found in SB2487.  Fact Finding Conferences No Longer Mandatory or Automatic First, the Illinois Department of Human Rights (IDHR) will no longer be required to conduct Fact Finding Conferences (FFCs) (a generally two-hour hearing with an investigator and each side present to answer questions) in each employment charge filed. Instead, FFCs will mostly be voluntary and will be conducted if both sides chose to opt-in to having the FFC. Specifically, if both the complainant and the respondent submit a written request for a FFC within 90 days after “the date on which the charge was filed,” then the IDHR must conduct a FFC, unless it issues its report before receiving both requests. If the parties request the FFC, they must also include a 120-day extension of time for the IDHR to investigate the charge and issue its report. The IDHR can also still decide to ho...