Discrimination With Ai In Illinois

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Multi-State
Control #:
US-000286
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Word; 
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Description

Plaintiff seeks to recover actual, compensatory, liquidated, and punitive damages for discrimination based upon discrimination concerning his disability. Plaintiff submits a request to the court for lost salary and benefits, future lost salary and benefits, and compensatory damages for emotional pain and suffering.

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FAQ

The new law amends the Illinois Human Rights Act (the Act), making it a civil rights violation to (1) use AI that has the effect of subjecting employees to discrimination or to use zip codes as a proxy for protected classes, and (2) fail to notify employees of the employer's use of AI.

An example is when a facial recognition system is less accurate in identifying people of color or when a language translation system associates certain languages with certain genders or stereotypes.

The Illinois Human Rights Act prohibits discrimination, harassment, sexual harassment, and retaliation against individuals in connection with employment, real estate transactions, access to credit, public accommodations, and education.

In what areas does the Illinois Human Rights Act ("Act") prohibit discrimination? The Act prohibits discrimination in the areas of employment, real estate (housing) transactions, access to financial credit, and public accommodations.

Currently, there is no comprehensive federal legislation or regulations in the US that regulate the development of AI or specifically prohibit or restrict their use.

Effective January 1, 2026, amendments to Article 5, Section 2 of the Illinois Human Rights Act (the "IHRA") will prohibit employers from using AI that subjects employees to discrimination on the basis of a protected class.

AI's misuse can infringe on human rights by facilitating arbitrary surveillance, enabling censorship and control of the information realm, or by entrenching bias and discrimination.

Bias and Fairness: AI systems can inherit and even amplify biases present in their training data. This can result in unfair or discriminatory outcomes, particularly in hiring, lending, and law enforcement applications. Addressing bias and ensuring fairness in AI algorithms is a critical ethical concern.

For instance, a discriminative AI might determine in image recognition whether a picture contains a cat or a dog. This classification ability makes discriminative AI invaluable in various sectors, including healthcare for diagnostic tools, finance for fraud detection, and retail for customer preference analysis.

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Discrimination With Ai In Illinois