A new law in Illinois will regulate the use of artificial intelligence in job interviews.
The Artificial Intelligence Video Interview Act, House Bill 2557, requires companies to notify the applicant when the system is being used, explain how the AI works, get permission from the applicant, limit distribution of the video to people involved with the process and to destroy the video after 30 days.
Matthew Jedreski, counsel at Davis Wright Tremaine LLP in Seattle, is a litigator and employment attorney who updates clients on local and state employment laws.
Jedreski said AI video interviews apply psychometrics, which is the science of measuring attitude and personality traits.
“It’s reading data and then analyzing it to determine whether it can draw conclusions about the person being interviewed,” Jedreski said.
Jedreski said that AI is used to analyze an applicant’s body language, voice and tone.
“It’s watching what the person is doing, what they look like when they’re talking,” Jedreski said. “It’s listening to what they say and how they say it and it’s offering an analysis on what that person might be thinking, whether they’re being honest, what their personality traits might be like, including what their attitude is.”
Jedreski said the purpose of using AI is not only to help employers, but also to make people feel more comfortable when interviewing for a job.
“If I were interviewing for a job and someone was going to be running analytics on my interview, I would personally feel more comfortable with that,” Jedreski said. “At least its intention in that regard is a good one in terms of promoting people’s comfort with the technology.”
Jedreski said that sharing data with AI is similar to sharing personal information online.
“People share a lot of personal data. They do it publicly and they do it in a lot of different private transactions,” Jedreski said. “This is more of a personal viewpoint versus a professional one, but I think that’s a scheme that people are comfortable with. In other words, here’s what we’re going to do if you consent to it.”
Gov. J.B. Pritzker signed the Artificial Intelligence Video Interview Act in August. The law will go into effect on Jan. 1.