Summary At a Glance
- IDHR has temporarily postponed its AI employment rulemaking process, including the public hearing previously scheduled for June 10, 2026.
- IDHR stated the delay will allow for continued collaboration with other state agencies and has not yet provided a revised timeline.
- Employers should continue monitoring IDHR updates and use this time to review how AI tools are used in hiring and employment decisions, including vendor-supported tools.
- The postponement delays the rulemaking process, but it does not eliminate the need for employers to continue AI compliance planning.
The Illinois Department of Human Rights (IDHR) has temporarily postponed its rulemaking process related to artificial intelligence (AI) notice requirements in employment decisions. The postponement includes the public hearing that had been scheduled for June 10, 2026.
The proposed rules relate to Public Act 103-804, which amended the Illinois Human Rights Act to address employer use of AI and automated decision-making systems in hiring and employment. The law generally requires transparency when employers use these tools and prohibits the use of AI in a way that results in discrimination against protected classes.
What Happened?
On June 2, 2026, IDHR announced that it was temporarily postponing the rulemaking process while it continues to collaborate with other state agencies. IDHR did not provide a revised timeline for the public hearing or next steps but indicated that additional information will be released as it becomes available. For additional information on what was in the proposed rules you may refer to this prior AI: State Compliance Update from HR Works.
In the meantime, IDHR encouraged stakeholders to continue monitoring its Legislative Updates webpage for future announcements and rescheduling details.
Recommended Employer Next Steps
The postponement means that the proposed administrative rules are currently on hold, including the public hearing and related rulemaking activity. However, employers should not treat the delay as a reason to stop compliance planning. Illinois’ AI-related employment law remains an important development for employers that use, or are considering using, AI tools in recruiting, hiring, promotion, discipline, discharge, or other employment decisions.
Because the final rulemaking timeline is uncertain, employers should continue to evaluate how AI is being used in their employment practices and whether existing processes include appropriate transparency, human oversight, bias prevention, and recordkeeping controls.
Employers should consider taking the following steps while awaiting further guidance from IDHR:
- To determine when notice may be required, identify where AI influences or supports decisions involving applicants or employees, including recruiting, hiring, promotion, selection for training, discipline, discharge, or other terms and conditions of employment.
- Evaluate whether internal processes include appropriate human review, documentation, and safeguards to help prevent discriminatory outcomes.
- Monitor IDHR’s Legislative Updates webpage for the revised rulemaking timeline, public hearing information, and any updated instructions for submitting public comments.
How HR Works Can Help
HR Works provides industry expertise and guidance to HR practitioners navigating the evolving legislation of artificial intelligence. Our governance tools include bias testing, inventory tracking, disclosure templates, vendor vetting protocols, and legislative updates, within a suite of other resources designed to outfit HR professionals with the information and resources needed to keep up with this rapidly developing field.
Contact us to learn more about how HR Works can support your AI compliance efforts.
