Illinois and federal laws and guidance
Effective January 1, 2026, Illinois law prohibits employers' use of this in employment decisions if it results in discrimination based on protected classes.
What is artificial intelligence? What is AI?
This U.S. city has an Automated Employment Decision Tools Law which has strict requirements for employers that use automated employment decision tools to conduct or assist with hiring or promotion decisions in that city.
What is New York City?
This U.S. law governs workplace surveillance in employment.
What is the federal Electronic Communications Privacy Act (ECPA)?
These are two ways that an employer can make its surveillance of employees legally defensible. The employer can do these two things.
What are obtain written consent from the employees for the surveillance and put acknowledgment of the surveillance into the employee handbook.
These are distinct from fingerprints because they are unique, permanent biometric identifiers that cannot be changed if compromised in a data breach.
What are voice prints?
Also effective January 1, 2026, employers are prohibited from using this/these as a proxy for a protected class in employment applications.
What is a zip code? What are zip codes?
This U.S. state has a law called the Act Concerning Consumer Protections with Artificial Intelligence, which requires developers and deployers of "high-risk" AI systems to "use reasonable care to avoid algorithmic discrimination in the high-risk system." The law creates a rebuttable presumption that a developer or deployer used reasonable care if they meet specific compliance obligations detailed in the Act.
What is Colorado?
These are three things that an employer may monitor an employee/its employees.
What are company equipment (company owned devices, networks, computers); business communications (business-related phone calls and email for business reasons); and video surveillance (employers can use video cameras in the workplace for security, provided they do not violate other laws).
These are the words in the acronym BIPA, an Illinois privacy law.
What are Biometric Information Privacy Act?
These people like to target 401(k) plans because the plans and their service providers hold "juicy" and incredibly sensitive data, including Social Security numbers, banking details, investment information, dates of birth, personal residence addresses, and now, also voice prints.
Who are cybercriminals? Who are criminals?
In Illinois, starting January 1, 2026, employers must give individuals notice/must notify individuals when they use AI for employment related decisions include in these three named areas.
What are recruitment, hiring, promotion, and any other terms of employment.
What is ten? What are California, Connecticut, Hawaii, Massachusetts, New Jersey, New York, Oklahoma, Rhode Island, Vermont and Washington?
Name two areas where employees have a reasonable expectation of privacy and an employer may not videotape employees.
What are in restrooms, locker rooms, and other areas where employees are changing clothes.
These are two reasons that employers use for geo-fencing employees.
What are improving accuracy of time and attendance tracking, managing payroll, ensuring employee safety.
This development creates vulnerabilities for employer use of voice prints as this technology may be used to bypass verification systems.
What are AI-created voices (deepfakes)?
These are the two things that must be included in an employer's notification to an individual that the employer used AI as part of employment decision-making.
What are the specific purpose for which the AI is used and the characteristics it assesses.
This is the name of the new European Union law regulating employers' use of artificial intelligence in Human Resources, which also applies to businesses outside of the EU where those businesses place on the market or put into service AI in the EU or where the output is used in the EU.
What s the EU AI Act (published July 12, 2024 and effective February 2, 2025)?
This federal law can protect employees from surveillance by their employers when discussing wages, hours or working conditions.
What is the National Labor Relations Act (NLRA)?
These are things that a geo-fence can do, once established by an employer around an employee. Name two.
What are automate clock-in/clock outs; eliminate errors in payroll and "buddy punching" by only allowing employees to clock in at the correct location; send real-time alerts for of-site activities; verify that employees are at the correct work location for tasks like safety checks; sends alerts to management or automatically records the employee entering or leaving the geofenced area.
This federal agency has issued guidance to plan sponsor employers on having strong cybersecurity policies.
What is the U.S. Department of Labor? What is the DOL?
This federal agency has issued guidance on its alert to potential discrimination issues based on an employer's use of AI.
What is the Equal Employment Opportunity Commission? The EEOC? The US Department of Labor, EEOC?
Employers that use AI systems that the new EU law considers to be "high-risk" must meet strict obligations related to these four things, name all four. The law also bans the use of AI systems considered harmful or discriminatory.
What are transparency, monitoring, training, and reporting?
These are two of the legitimate business purposes that an employer may assert to justify surveillance of employees.
What are security, quality control, and training. Name two.
These are legal concerns that employers should be aware of with use of geo-fencing. Name two.
What are data protection laws, requirements to provide written notice to employees about location monitoring (depending on local regulations), and state laws that require employers to inform employees about electronic monitoring in advance?
It is True or False that an employer can avoid compliance with the Illinois Biometric Information Privacy Act (BIPA) by having third parties and vendors collect employees biometric data.
What is False?