Illinois Artificial Intelligence Video Interview Act Provides Rights to Jobseekers Undergoing AI Analysis

Video Interview Artificial Intelligence

Written By ESR News Blog Editor Thomas Ahearn

In August of 2019, Illinois Governor J.B. Pritzker signed the “Artificial Intelligence Video Interview Act” (House Bill 2557) which will provide rights to jobseekers undergoing an application process that involves video interviews and artificial intelligence or AI analysis. The law takes effect on January 1, 2020.

House Bill 2557 (HB 2557) requires employers that ask applicants to record video interviews and use an artificial intelligence analysis of applicant-submitted videos shall do all of the following when considering applicants for positions based in Illinois before asking them to submit video interviews:

  • Notify each applicant before the interview that artificial intelligence may be used to analyze the applicant’s video interview and consider the applicant’s fitness for the position.
  • Provide each applicant with information before the interview explaining how the artificial intelligence works and what general types of characteristics it uses to evaluate applicants.
  • Obtain, before the interview, consent from the applicant to be evaluated by the artificial intelligence program as described in the information provided. An employer may not use artificial intelligence to evaluate applicants who have not consented to the use of artificial intelligence analysis.

An employer may not share applicant videos, except with people with the expertise or technology that is necessary to evaluate an applicant’s fitness for a position. Upon request from the applicant, employers must ensure the deletion an applicant’s interviews within 30 days after receiving the request.

Employers and screening firms conducting background checks will feel “pressure” to ensure information security and will be “interested in how artificial intelligence technology will improve the screening experience in 2019,” according to an article from the Society for Human Resource Management (SHRM).

In the article – “Handling Candidate Data Will Be Under the Spotlight in 2019” – SHRM Online Manager and Editor for Talent Acquisition Roy Maurer interviewed background check experts including Attorney Lester Rosen, founder and Chief Executive Officer (CEO) of Employment Screening Resources® (ESR).

“The massive data breach suffered by nationwide credit reporting agency Equifax in September 2017 that impacted more than 145 million Americans – almost half of the country – was a wake-up call for all industries to improve their information security,” said Rosen, author of ‘The Safe Hiring Manual.’

“The need for background screening firms that handle the personal data of job applicants to ensure information security has become mission critical,” Rosen explained in the SHRM article, the second in a two-part series with the first installment detailing trends that included social media screening.

Rosen also told SHRM that employers should consider using background check firms that undergo an annual Service Organization Control (SOC 2) audit “to ensure high standards for the protection of privacy, security, and confidentiality of consumer information used for background checks.”

While there is no doubt artificial intelligence can increase productivity and reduce turnaround time in the screening process, “background checks still need a guiding human touch until sufficiently nonbiased AI algorithms can be created to ensure that discriminatory hiring decisions aren’t made,” Rosen added.

The increased focus on the information security of screening firms – as well as the need for the human touch with artificial intelligence – were both named by Employment Screening Resources® (ESR) to be included on the list of the 12th annual “ESR Top Ten Background Check Trends” for 2019.

Video interviewing is gaining widespread acceptance for hiring and talent acquisition (TA) but some employers may have concerns over potential discrimination issues. However, the advantages of video interviewing far outweigh unsubstantiated risks and concerns about potential discrimination issues.

“Video Interviewing & Discrimination: What Talent Acquisition Leaders Need to Know” is a white paper by Rosen sponsored by leading video interview provider Montage that can help employers enjoy the operational and strategic benefits of video interviewing while reducing exposure to discrimination laws.

Employment Screening Resources® (ESR) – a leading global background check provider – has successfully completed a SOC 2® Type 2 audit for 2019 that confirms ESR protects the privacy, security, and confidentiality of consumer information. To learn more, visit www.esrcheck.com/Why-ESR/SOC-2/.

NOTE: Employment Screening Resources® (ESR) does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.

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