Using AI Video Analysis in Hiring: Key Chiropractic Clinic Takeaways from the Video Interview Act

The Artificial Intelligence Video Interview Act, effective from January 1, 2020, introduces a set of mandates for employers who utilize artificial intelligence (AI) to analyze video job interviews as part of their hiring processes. As chiropractic physicians, it’s essential to understand the requirements to ensure compliance and maintain the trust of potential employees. Here’s a breakdown of the Act’s key provisions:

1. Disclosure of AI Use in Video Interviews

If an employer in Illinois uses AI to analyze video interviews, it must:

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• Notify Applicants: Before the interview, applicants must be informed that AI might be used to analyze their videos and assess their suitability for the position.
• Explain the AI Process: The employer should provide details about how the AI operates and the general characteristics it evaluates.
• Obtain Consent: Before the interview, applicants must give their consent to be evaluated by the AI, as described in the provided information. Without this consent, AI analysis cannot be used. The ICS recommends obtaining consent in writing (via email or signed form from the interviewee). You can access a template form here.

2. Limitations on Sharing Videos

Employers are prohibited from sharing video interviews of applicants. The only exception is if sharing is necessary for evaluating the applicant’s fitness for a position, such as with experts or specific technology providers.

3. Right to Video Deletion

Applicants have the right to request the deletion of their video interviews. Upon such a request:

• The employer must delete the video interview within 30 days.
• The employer must also instruct any third parties who have received the video to delete it, including all backup copies. These third parties must comply with the deletion request.

4. Reporting of Demographic Data

For employers who solely rely on AI analysis to decide on in-person interviews, there are additional reporting requirements:

• Data Collection: Employers must gather demographic data on the race and ethnicity of applicants. This includes data on those who were and weren’t offered in-person interviews after AI analysis and those who were hired.
• Annual Reporting: This demographic data must be reported to the Department of Commerce and Economic Opportunity by December 31 each year, covering the 12-month period ending on the preceding November 30.
• Analysis for Racial Bias: The Department will analyze the reported data to determine if there’s any racial bias in the AI’s evaluations. Findings will be reported to the Governor and General Assembly by July 1 of each year.

The Artificial Intelligence Video Interview Act sets forth clear guidelines for all Illinois employers who use AI in their hiring processes. As with all technology tools, chiropractic employers should ensure they’re compliant with reporting and other requirements of the law.